Legal Definitions - several tail

The term "several tail" refers to a specific type of property ownership, particularly concerning land, where multiple individuals each hold a distinct and separate "fee tail" interest. To understand this, it's helpful to first understand what a "fee tail" is.

A fee tail is a historical form of land ownership designed to keep property within a specific family line. When land was granted "in fee tail," it meant that the property could only be inherited by the direct lineal descendants (children, grandchildren, etc.) of the original recipient. The owner could not freely sell, mortgage, or give away the land outside of that designated line of heirs. The purpose was to preserve family wealth and status by preventing the land from being alienated (transferred) to outsiders.

Therefore, several tail describes a situation where:

• Multiple individuals each possess their *own separate* fee tail interest.
• These interests are distinct and independent from one another, applying to different parcels of land or different, clearly divided portions of a larger property.
• Each individual's fee tail follows its own specific line of inheritance, separate from the others.

Here are some examples to illustrate "several tail":

• Example 1: Division of a Family Estate

  Imagine a wealthy landowner, Mr. Thompson, who owns a vast estate comprising three distinct farms: Oakwood Farm, Willow Creek Farm, and Stonegate Farm. In his will, Mr. Thompson stipulates that Oakwood Farm is to pass to his eldest daughter, Sarah, and her lineal descendants (a fee tail). Willow Creek Farm is to pass to his son, Michael, and his lineal descendants (another fee tail). Stonegate Farm is designated for his youngest daughter, Emily, and her lineal descendants (a third fee tail). In this scenario, Sarah, Michael, and Emily each hold a several tail interest. Each of them has a distinct fee tail in a separate property, and their rights of inheritance are independent of each other.

• Example 2: Granting Portions of a Large Parcel

  Consider a historical context where a monarch grants a large tract of undeveloped land to three different noble families. The grant specifies that the northern third of the tract is given to Lord Blackwood and his heirs of the body (a fee tail), the middle third to Lady Ashworth and her heirs of the body (another fee tail), and the southern third to Baron Croft and his heirs of the body (a third fee tail). Here, Lord Blackwood, Lady Ashworth, and Baron Croft each possess a several tail interest. Each noble holds a separate and distinct fee tail in their allocated portion of the land, with the inheritance lines for each portion remaining independent.

• Example 3: Multiple Inheritances from Different Sources

  Let's say Ms. Chen inherits a small cottage from her grandmother under a fee tail arrangement, meaning the cottage must pass to Ms. Chen's direct descendants. Separately, Ms. Chen's distant uncle, who owns a different piece of land—a hunting lodge—also leaves that lodge to Ms. Chen under a fee tail, specifying it must pass to her direct descendants. In this situation, Ms. Chen holds a several tail interest. She has two distinct fee tail interests: one in the cottage and another in the hunting lodge. Each interest is separate, applies to a different property, and follows its own specific inheritance rules, even though the ultimate beneficiary (her direct descendants) might be the same for both.