Fee Tail - United States

United States

Fee tail has been abolished in all but four states in the United States: Massachusetts, Maine, Delaware and Rhode Island. However, in the first three states, it can be sold or deeded as any other property would be (the fee tail would only control on death without a will). In Rhode Island, a fee tail is treated as a life estate with remainder in the life tenant's children. New York abolished fee tail in 1782, while many other states within the U.S. never recognized it at all.

In Louisiana, the doctrines of legitime and jus relictae restrict owners from willing property out of their family when they die with children or have a surviving partner.

In most states within the United States, an attempt to create a fee tail results in a fee simple; even in those four states that still allow fee tail, the estate holder may convert his fee tail to a fee simple during his lifetime by executing a deed.

On page vii of the preface to The Writings of Thomas Jefferson: "When in later life he drew up a list of the services he believed he had rendered his countrymen he enumerated along with the disestablishment of State Church the abolition of entails, the prohibition of slave importation and the drafting of the Declaration of Independence, the introduction of olive plants and heavy upland rice into South Carolina and Georgia declaring that the greatest service which can be rendered to any country is to add a useful plant to its culture."

Read more about this topic:  Fee Tail

Famous quotes related to united states:

    In one notable instance, where the United States Army and a hundred years of persuasion failed, a highway has succeeded. The Seminole Indians surrendered to the Tamiami Trail. From the Everglades the remnants of this race emerged, soon after the trail was built, to set up their palm-thatched villages along the road and to hoist tribal flags as a lure to passing motorists.
    —For the State of Florida, U.S. public relief program (1935-1943)

    Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.
    Alexis de Tocqueville (1805–1859)

    Fortunately, the time has long passed when people liked to regard the United States as some kind of melting pot, taking men and women from every part of the world and converting them into standardized, homogenized Americans. We are, I think, much more mature and wise today. Just as we welcome a world of diversity, so we glory in an America of diversity—an America all the richer for the many different and distinctive strands of which it is woven.
    Hubert H. Humphrey (1911–1978)

    We are told to maintain constitutions because they are constitutions, and what is laid down in those constitutions?... Certain great fundamental ideas of right are common to the world, and ... all laws of man’s making which trample on these ideas, are null and void—wrong to obey, right to disobey. The Constitution of the United States recognizes human slavery; and makes the souls of men articles of purchase and of sale.
    Anna Elizabeth Dickinson (1842–1932)

    Ethnic life in the United States has become a sort of contest like baseball in which the blacks are always the Chicago Cubs.
    Ishmael Reed (b. 1938)