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Entail

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ENTAIL, to fix inalienably on a person and his legitimate descendants. The law of entail was initiated in England by the Statute of Westminster the second (1285) in the chapter headed De Donis Conditionalibus. Strictly speaking, a form of entail was known before the Norman feudal law had been introduced into England. The common form was a grant "to the feoffee and the heirs of his body." These grants were also known as feuda conditionata, because if the donee had no heirs of his body the estate reverted to the donor. The donee could, however, if he had an heir of the body bore alive, alienate the land, and defeat the right of the donor. Since the passing of the above statute an estate given to a man and the heirs of his body has been known as an estate tail, or an estate in fee tail, the word tail being derived from the French tailler, to cut, the inheritance being by the statute cut down and confined to the heirs of the body. The power of alienation was re-introduced by the judges in Taltarum's case (Year Book, 12 Edward IV., 1472) by means of a fictitious suit or recovery which had originally been devised by the regular clergy for evading the statutes of mortmain. This was abolished by an act passed in 1833. (See ESTATE; FINE.) A deed enrolled in the central office of the Supreme Court was sub stituted, but by the Law of Property Act 1925 the necessity of enrollment was abolished. Disentailment by a tenant in tail in remainder still requires the consent of the protector, generally the tenant for life, required by the act of 1833. By s. 176 of the Law of Property Act 1925 a tenant in tail in possession, by following the terms of the section, may dispose of the estate by will as if he had been absolute owner of it as an equitable interest at his death. Under the same act an estate in tail is now an equitable estate only (s.39) and an entailed interest may be created even in personal property (s.130) .

estate, tail and body