TENANT IN FEE-SIMPLE. A tenancy in fee-simple is the greatest estate which a subject can have in land. [Tasuns.] The possession of an estate in fee-simple involves a complete power of dis position over the land; and after a grant made in feo-simple the grantor has parted with his whole interest.
The words necessary for transferring an estate in fee-simple may be reduced to this form : " I give this land to you and your heirs." (Litt., 1.) The addition of the word " heirs" is absolutely necessary in a deed, and no other expression will serve ; for any such words as " I give the land to you ;" or "to you for ever ;" or "to you in fee simple," would carry to the grantee nothing more than an estate for life. But words of limitation, such as " heirs," are not now necessary to pass a fee-simple by devise. (1 Vict., c. 26, a. 23.) Lands in fee4imple in the hands of the heir were subject at common law to the debts of the ancestor due to the crown and to specialty debts. By the 11 Geo. IV. and 1 Wm. IV., c. 47, a complete remedy was given for all kinds of specialty debts, both against the heir and devisee; and by the 3 & 4 Wm. IV., c. 101, estates in fee-simple are made liable in the hands of the heir or devisee for payment of the simple contract debta of the ancestor.
Estates in fee-simple are forfeited to the crown for high treason. (Co. Litt, 390 h.) In cases of petty treason and felony the forfeiture to the crown is only for a year end a day, called the asses, dies ct rastuns; after which time the estate escheats (in cases of petty treason and murder) to the lord. By the 54 Geo. III., c. 145, the forfeiture and escheat consequent upon attainder for felony, except in cases of high treason, petty treason, and murder, are limited to the life-interest of the offender. It would seem that this statute leaves the offender the power of disposing of the estate after his decease. Trust estates in fee-simple may be forfeited to the crown, but are not liable to escheat An estate to a man and his heirs may be given upon conditions or limitations, which are capable of abridging or defeating it. The estate cannot then properly be called a fee-simple ; but is, according to the circumstances, a conditional, qualified, or base fee. (Co. Litt., I b.)