Legal Definitions - words of procreation

Words of procreation are specific phrases or clauses historically used in legal documents, such as wills or property deeds, to direct that an inheritance or property should pass not just to an individual, but specifically to that person's direct lineal descendants or bloodline. The intent behind using these words was to ensure that property remained within a particular family line for generations, rather than being freely sold or transferred outside of it. While the legal effect of such language has been significantly modified or abolished in many modern legal systems, the term refers to the wording itself that expresses this generational transfer intent.

• Example 1 (In a Will): Imagine a will from the early 20th century that states, "I give and devise my family farm, 'Green Acres,' to my son, Thomas, and the lawful issue of his body."

  Explanation: Here, the phrase "and the lawful issue of his body" constitutes the words of procreation. This language indicates that the farm is intended not just for Thomas personally, but for his direct descendants (his children, grandchildren, and so forth) to inherit after him, aiming to keep the property within that specific family lineage.

• Example 2 (In a Historical Property Deed): Consider an old land deed from the 1700s that reads, "This estate, known as 'Riverbend Manor,' is hereby granted to Eleanor Vance and the heirs of her body."

  Explanation: The phrase "and the heirs of her body" serves as the words of procreation. It specifies that the Riverbend Manor is transferred to Eleanor, but with the explicit instruction that it must then pass to her legitimate descendants, thereby restricting its transfer outside that specific bloodline.

• Example 3 (Modern Context with Changed Legal Effect): A will drafted today in a jurisdiction where the historical legal concept of an "estate tail" (created by words of procreation) has been converted into full ownership might still contain the wording: "I bequeath my entire residual estate to my daughter, Olivia, and the heirs of her body."

  Explanation: Even though modern law in many places would interpret "and the heirs of her body" as giving Olivia complete ownership of the estate (a "fee simple") rather than creating a perpetual family inheritance, the phrase itself still represents the *words of procreation* because it attempts to direct the inheritance through her descendants. The legal outcome may have changed, but the *words* themselves carry that historical intent.