TAIL, ESTATE IN
Categories: Property
Definition (1910 Edition)
Origin: Scotch
TACKSMAN. In Scotch law. A tenant or lessee; one to whom a tack is granted. 1
the word “general,” in such case, implying that there is no other restriction upon the descent of the estate than that it must go in the male line. So an estate in tail female general is an estate in tail female. The word “general,” in the phrase, expresses a purely negative idea, and may denote the absence of any restriction, or the absence of some given restriction which is tacitly understood. Mozley & Whitley.—Tail male. When lands are given to a person and the male heirs of his or her body, this is called an “estate tail male.” and the female heirs are not capable of inheriting it—Tail special. An estate in tail where the succession is restricted to certain heirs of the donee’s body, and does not go to all of them in general; e. g., 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 those two, not such as the husband may have by another wife, and therefore it is called “special tail.” 2 Bl. Comm. 113. It fs defined by Cowell as the limitation of lands and tenements to a man and his wife and the heirs of their two bodies. But the phrase need not be thus restricted. Tail special, in its largest sense, is where the gift !s restrained to certain heirs of the donor’s body. and does not go to all of them in general. Mozley & Whitley.
the word “general,” in such case, implying that there is no other restriction upon the descent of the estate than that it must go in the male line. So an estate in tail female general is an estate in tail female. The word “general,” in the phrase, expresses a purely negative idea, and may denote the absence of any restriction, or the absence of some given restriction which is tacitly understood. Mozley & Whitley.—Tail male. When lands are given to a person and the male heirs of his or her body, this is called an “estate tail male.” and the female heirs are not capable of inheriting it—Tail special. An estate in tail where the succession is restricted to certain heirs of the donee’s body, and does not go to all of them in general; e. g., 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 those two, not such as the husband may have by another wife, and therefore it is called “special tail.” 2 Bl. Comm. 113. It fs defined by Cowell as the limitation of lands and tenements to a man and his wife and the heirs of their two bodies. But the phrase need not be thus restricted. Tail special, in its largest sense, is where the gift !s restrained to certain heirs of the donor’s body. and does not go to all of them in general. Mozley & Whitley.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
UK commentary and modern updates are original additions. This entry is for educational
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