tail

tail, n. The limitation of an estate so that it can be inherited only by the fee owner’s issue or class of issue. See FEE TAIL; ENTAIL.

— Also termed (in Scots law) tailzie (tay-lee). [Cases: Descent and Distribution 29; Estates in Property 12; Wills 604. C.J.S. Estates §§ 22–27; Wills § 1258.]

several tail. A tail that designates two separate heirs or classes of heirs who are eligible to inherit.

tail female. A limitation to female heirs. [Cases: Estates in Property 12; Wills 605. C.J.S. Estates §§ 22–27; Wills § 1259.]

tail general.

1. A tail limited to the issue of a particular person, but not to that of a particular couple.

— Also termed general tail.

2. See tail male. [Cases: Estates in Property 12; Wills 604. C.J.S. Estates §§ 22–27; Wills § 1258.]

tail male. A limitation to male heirs.

— Also termed tail general. [Cases: Estates in Property 12; Wills 604. C.J.S. Estates §§ 22–27; Wills § 1258.]

tail special. A tail limited to specified heirs of the donee’s body.

— Also termed special tail. [Cases: Estates in Property 12; Wills 604. C.J.S. Estates §§ 22–27; Wills § 1258.]

“Estates-tail are either general, or special…. Tenant in tail-special is where the gift is restrained to certain heirs … and does not go to all of them in general. And this may happen in several ways. I shall instance in only one: as where lands and tenements are given to a man and the heirs of his body, on Mary his now wife to be begotten; here no issue can inherit, but such special issue as is engendered, between them two; not such as the husband may have by another wife: and therefore it is called special tail.” 2 William Blackstone, Commentaries on the Laws of England 113–14 (1766).


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