DONIS CONDITIONALIBUS, (MIT: kiin dish'in5I'i-hfis. STATUTE DE (Lat., concerning conditional gifts). The usual legal title of the famous statute of Westminster II. ( 1 3 Edward I.. c. I 1. passed in 1285. which created and ste•eo typed the form of estate which is known as a fee tail. Prior to its enactment such estates were known as eonditional fees or gifts, tile name of the statute. Thus, a gift of lands to a man and the heir: of his body was construed to be a fee simple, d•seendibl• to his heirs in general, in ease he complied with the condition that he have lawful issue. Ile could then. by alienating the lands to a stranger in fee simple, defeat the expectations of his issue. just as a man may now. by alienation of an estate of in heritanee, defeat the expectations of his heirs. By the same act, the right or expectation of any remaindo•rman to whom the estate was to go on failure cif issue was also cut otT. This disposition
of the conditional fee contrary to the expressed intention of the one who created it (known as the donor) was regarded as a grave abuse. and it was to remedy this that the statute dr dolt is leas passed. It provided that for the future the will of the donor of eonditional gifts should he oh served "so that they to whom the land was given under such condition shall have no power to aliene the land so given, but that it shall remain unto the issue of them to whom it was given after their death, or shall revert unto the giver or his heirs if issue fail," etc. This limitation upon the power of the donor of a conditional gift had the practical effect of restricting the descent thereof to the heirs of his body, and so created the fee-tail estate as it. has collie down to us. For the permanent effects of the statute, see Comnr N s FEE TAIL.