The ancient and the modern character of the estate in fee-simple are described in the following two quotations, one from a seventeenth and the other from a twentieth century legal writer.

"FEE cometh of the French fief, (i. e.), praedium beneficiarium, and legally signifieth inheritance, as our author himself expoundeth it. And simple is added, for that it is descendible to his heirs generally, that is, simply, without restraint to the heirs of his body, or the like. Feodum est quod quis tenet ex quacunque causa, sive sit tenementum sive redditus, etc. In Domesday it is called feodum. Of fee-simple, it is commonly holden, that there be three kinds, viz., fee-simple absolute, fee-simple conditional, and fee-simple qualified, or a base fee. But the more genuine and apt division were to divide fee, that is, inheritance, into three parts, viz., simple or absolute conditional, and qualified or base. For this word (simple) properly excludeth both conditions and limitations, that defeat or abridge the fee. Hereby it appeareth that fee, in our legal understanding, signifieth, that the land belongs to us and our heirs, in respect whereof the owner is said to be seised in fee; and in this sense the king is said to be seised in fee." 3

" 'As used in the United States the term signifies an absolute estate of inheritance, free from any restrictions to particular heirs, and is the largest estate and most general interest that can be enjoyed in land, being the entire property therein. It carries with it the most ample right to the use of the land and confers an unlimited power of alienation. In point of duration it may continue forever. Every other species of estate is formed out of it and is ultimately absorbed into it." 4

» Coke's Institutes, Vol. I, p. 490.

Formerly an estate in fee-simple could only be created by the use of the word "heirs." This rule was so absolute that even such a grant as "A, his descendants or assigns forever," would only create a life estate.

' Tor if a man would purchase lands and tenements in fee-simple, it behooveth him to have these words in his purchase, To have and to hold to him and his heirs. (To have and to hold:' These two words do in this place prove a double signification, viz., to have, to have an estate of inheritance of lands descendible to his heirs, and to hold, to hold the same of some superior lord). For these words (his heirs) make the estate of inheritance. For if a man purchase lands by the words, To have and to hold to him and his assigns forever; (assignee cometh of the verb assigno; and note, there be assigns in deed and assigns in law; whereof see more in the Chapter of Warranty, Section 733), in these two cases he hath but an estate for term of life, for that there lack these words, (his heirs), which words only make an estate of inheritance in all feoffments and grants." 5

"And it is to be observed, that every word of Littleton is worthy of observation. First, heirs in the plural number; for, if a man give land to a man and to his heir in the singular number, he hath but an estate for life, for his heir cannot take a fee-simple by descent, because he is but one, and therefore in that case his heirs shall take nothing. Also observable is this conjunctive (et). For if a man give lands to one, To have and to hold to him or his heirs, he hath but an estate for life, for the uncertainty. (His, suis). If a man give land unto two, To have and to hold them two et haeredi-bus, omitting suis, they have but an estate for life, for the uncertainty; whereof more hereafter in this section. But it is said, if land be given to one man et haeredibus, omitting suis, that notwithstanding a fee-simple passeth; but it is safe to follow Littleton." 6

4 Warvelle on Real Property, p. 70.

5 Littleton, Sec. 1.