FEE. A reward or wages given to one for the execution of his office, or for profes sional services, as those of a counsellor or physician. Cowel.
Fees differ from costa in this, that the former are, as above mentioned, a recompense to the officer for his services ; and the later, an indemnification to the party or money laid out and expended in his suit. 11 Scrg. & R. Penn. 248; 9 Wheat. 262. See 4 Binn. Penn. 267.
That which is held of some superior on condition of rendering him services.
A fee is defined by Spelmen (Feuds, c. 1) as the right which the tenant or vassal has to the use of lands, while the absolute property remained in a superior. But this early and strict meaning of the word speedily passed into its modern signification of an estate of inheritance. 2 Blackt.t. Comm. 106; Cowel; Termee de la Ley; 1 Washburn, Real Prop. 51; Coke, Litt. 1 b; 1 Preston, Eat. 420; 3 Kent, Comm. 514. The term may be used of other pro perty as well as lands. Obi Nat. Brev. 41.
The term is generally used to denote as well the land itself so held, as the-estate in the landy which seems to he its stricter meaning. :Wright, Ten. 19, 49; Cowel. The word tee is explained to signify that the land or other subject of property belongs to its owner, autl is transmissible, in the ease of an individual, to those whom the law appoints to suc ceed him, under the appellation of heirs ; and, in the case of corporate bodies, to those who are to take on themselves the corporate function, and, from the manner in which the body is to he con tinued, are denominated succeasors. 1 Coke, Litt.
271 ; Wright, Ten. 147, 150; 2 Blackstone, Comm. 104, 1'06; Bouvier, Inst. Index.
The compass or circuit of a manor or lord ship. Cowel.
A. fee-simple is an estate belonging to a man and 'his heirs absolutely. See FEE SIMPLE.
A fee-tail is one limited to particular classes of heirs. See ESTATE IN FEE-TAIL.
A determinable fee is one which is liable to be determined, but which may continue for ever. 1 Plowd. 557 ; Sheppard, Touchst. 97 ; 2 Blackstone, Comm. 109 ; Croke Jac. 593 ; 10 Viner, Abr. 133 ; Fearne, Cont. Rem. 187; 3 Atk. Ch. 74; Ambl. Ch. 204; 9 Mod.
28. See DETERMINABLE FEE.
A qualified fee is an interest given to a man and certain of his heirs at the time of its limitation. Littleton, 254; Coke, Litt. 27 a,,220; 1 Preston, Est. 449. See QUALIFIED FEE.
A conditional fee includes one that is either to commence or determine on some condition. 10 Coke, 95 b; Preston, Est. 476 ; Fearne, Cont. Rem. 9. See CONDITIONS.
Land held of another in fee,—that is, in perpetuity by the tenant and his heirs at a yearly rent, without fealty, homage, or other services than such as are specially comprised in the feoffment. Cowel. Fealty, however, was incident to a holding in fee-farm, according to..some authors. Spel man, Gloss. ; Termes de la Ley.
Land held at a perpetual rent. 2 Shan wood, Blackst. Comm. 43.