“ ‘Words of limitation’ is the phrase used to describe the words which limit (i.e., delimit or mark out) the estate to be taken. Thus in a conveyance today ‘to A in fee simple,’ the words ‘in fee simple’ are words of limitation, for they show what estate A is to have.” Robert E. Megarry & M.P. Thompson, A Manual of the Law of Real Property 29 (6th ed. 1993).
words of limitation
words of limitation. Language in a conveying instrument — often nonliteral language — describing the extent or quality of an estate. • For example, under long-standing principles of property law, the phrase “to A and her heirs” creates a fee simple in A but gives nothing to A’s heirs. See LIMITATION(4). [Cases: Deeds 120–136; Wills 591, 597(4).C.J.S. Deeds §§ 36, 231–236, 245–268, 270–278; Wills § 1193.]
