Also known as: first takers · first-taker · first-takers
Written by attorneys · grounded in primary & secondary sources — see below
The initial grantee who receives an estate of potentially infinite duration. The estate passes only to that grantee's lineal descendants when the grant limits succession to issue of the first taker.
Felicity French receives a deed conveying land to her and the heirs of her body. She is the first taker. When Felicity dies survived by her son, the son takes the land in fee simple absolute under the limitation to issue of the first taker.
Finn Fletcher's crew kills and anchors a whale with clear marks of appropriation before leaving it overnight. Finn is the first taker. When another ship finds the anchored whale the next day, Finn's crew retains ownership because the first taker secured the property.
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The first taker is the initial grantee named in the deed or will who receives the estate limited to that person's issue. The Restatement treats the first taker as holding an estate of potentially infinite duration that passes only to lineal descendants.
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The estate ends because succession is confined to issue of the first taker. Any attempted gift over on an indefinite failure of issue is void, leaving the first taker with a fee simple absolute that passes by other rules of descent.
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Many jurisdictions convert the language into a fee simple absolute in the issue while preserving the first taker's interest as more than a life estate. The first taker therefore holds an estate that supports long-term conveyances and leases.
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…anchorage. The learned judge says: “When the whale had been killed and taken possession of by the boat of the Hillman, (the first taker,) it became the property of the owners of that ship, and all was done which was then practicable in order to secure it. They left it anchored, with unequivocal marks of appropriation.” In…