Estate given in fee tail.

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Each estate given in fee tail shall be an absolute estate in fee simple to the named grantee.

(1949 Rev., S. 7083; P.A. 15-234, S. 15.)

History: P.A. 15-234 substituted “Each estate given in fee tail shall be an absolute estate in fee simple to the named grantee” for “Each estate, given in fee tail, shall be an absolute estate in fee simple to the issue of the first donee in tail”.

Section affirms the common law of Connecticut. K. 118; Id., 175; 1 R. 79, 96; 2 R. 39; 3 D. 332. Issue of donee in tail, during life of donee, has no right capable of being transferred by release deed. 7 C. 250; 51 C. 45; 66 C. 408. When a fee tail vests in the immediate descendant of a person in being. 9 C. 114. When a devise vests an estate tail in the devisee. 12 C. 328. When donee in tail liable upon covenants in a deed of warranty. 23 C. 349. Estate tail by implication. 66 C. 407; 72 C. 29; 125 C. 657. Provisions in wills construed. 68 C. 207; 78 C. 362; 124 C. 448; 127 C. 115. How estate in fee tail is created by deed or will; effect. 88 C. 296. Cited. 109 C. 540. “Issue” construed not to mean “children”. 124 C. 448. Statute in terms provides for the invalidation of an estate tail by making it an estate in fee simple in the first donee in tail. 125 C. 661. Identity of the issue of the first donee in tail not ascertainable until death of donee. Id., 662. Meaning of word “issue” not the same as “immediate issue or descendants” in former statute against perpetuities. 127 C. 9.


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