Legal Definitions - tail

A "tail" (more formally known as a fee tail) is a historical legal concept related to property ownership, specifically how land can be inherited. It represents a significant restriction on the transfer of property.

In essence, a tail limits the inheritance of a piece of land exclusively to the direct descendants (or "issue") of the original owner, or to a very specific class of those descendants. The primary goal of creating a tail was to keep land within a particular family line for many generations, preventing it from being sold off, divided, or inherited by individuals outside that designated lineage.

Unlike modern property ownership, where an owner generally has the freedom to sell their land or leave it to anyone they choose in a will, a tail imposes strict rules on who can inherit. While largely abolished or converted into other forms of ownership in most modern legal systems, understanding the concept of a tail is important for interpreting older legal documents and historical property records.

Here are some specific types of tails and how they would apply:

• Tail Male: This type of tail restricts inheritance exclusively to male descendants.

  • Example: Imagine a wealthy landowner in 18th-century England who owns a grand estate called "Stonehaven Castle." He wants to ensure that the castle always remains with the male line of his family. In his will, he might state: "I grant Stonehaven Castle to my eldest son, Edward, and the heirs male of his body."

    Explanation: Under this "tail male" provision, only Edward's sons, and then their sons, would be eligible to inherit Stonehaven Castle. If Edward only had daughters, they would not inherit the castle. Instead, the property would either pass to the next eligible male relative in the original family line (e.g., Edward's brother or nephew), or revert to the original grantor's estate if no male heirs existed according to the specific terms of the tail.

• Tail Female: This type of tail restricts inheritance exclusively to female descendants.

  • Example: Consider a historical family known for its unique textile business, passed down through generations of women. The matriarch, desiring to preserve this tradition, might have established a "tail female" for the family's primary workshop and associated properties, known as "The Weaver's Guildhall." Her deed might read: "I devise The Weaver's Guildhall to my daughter, Clara, and the heirs female of her body."

    Explanation: This "tail female" ensures that only Clara's daughters, and then their daughters, could inherit and operate The Weaver's Guildhall. If Clara had only sons, they would not be eligible to inherit the property under this specific limitation, and the inheritance would follow the female line as specified in the original grant.

• Tail Special: This type of tail restricts inheritance to descendants born from a specific marriage or union.

  • Example: A generous parent wants to provide a family home, "Maplewood Cottage," for their daughter, Emily, and her current husband, Mark, ensuring that only children born of *their* specific marriage inherit it. The parent's will might state: "I convey Maplewood Cottage to my daughter, Emily, and the heirs of her body by her current husband, Mark."

    Explanation: This "tail special" means that only children born to both Emily and Mark would be eligible to inherit Maplewood Cottage. If Emily later divorced Mark and had children with a different spouse, those children would not be able to inherit the cottage under the terms of this specific legal restriction. Similarly, if Mark had children from a previous marriage, they also would not be eligible.