conditional fee

conditional fee
A common-law estate in land, otherwise known as a fee conditional or fee simple conditional, distinctive by reason of the limitation to particular heirs, exclusive of others, as a grant to a named person and "the heirs of his body," or, in the case of a special conditional fee, to a named person and "the male heirs of his body." 28 Am J2d Est § 38. If the donee had no heirs of his body, or no male heirs of the body, as the case might be, the estate reverted to the donor; but if the condition as to heirs was fulfilled by birth of issue, this was such performance as rendered the estate of the donee absolute; at least he could alien, he might forfeit, he might charge the land with rents or other encumbrances which would bind the issue. To prevent a reversion to the donor it was usual for such tenants, as soon as they had performed the condition by having heirs, to alien the land and then repurchase, taking an absolute estate which would descend to their heirs general. It was to defeat this practice that the Statute de Donis Conditionalibus was passed. 28 Am J2d Est § 38. See de donis.

Ballentine's law dictionary. . 1998.

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  • Conditional fee — may refer to: In the United States, a conditional fee is a reference to a future interest in real property. In English law, a conditional fee is the fee payable to a lawyer. Also known as no win no fee agreements similar to United States… …   Wikipedia

  • conditional fee — see fee 1 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • conditional fee — noun law : any fee limited upon a condition; specifically : fee simple conditional * * * conditional fee 1. A fee granted on condition, or limited to particular heirs 2. The estate of a mortgagee of land, possession of which is conditional on… …   Useful english dictionary

  • conditional fee agreement — See contingency fee. Collins dictionary of law. W. J. Stewart. 2001. conditional fee agreement …   Law dictionary

  • conditional fee — /kənˌdɪʃənəl ˈfi/ (say kuhn.dishuhnuhl fee) noun Law any fee simple granted with the provision for its ending on the happening or non happening of some event …  

  • fee — n [Middle English, fief, from Old French fé fief, ultimately from a Germanic word akin to Old High German fehu cattle] 1: an inheritable freehold estate in real property; esp: fee simple compare leasehold; life estate at estate …   Law dictionary

  • fee simple — fee sim·ple n pl fees simple [simple without limitation (as to heirs) and unrestricted (as to transfer of ownership)]: a fee that is alienable (as by deed, will, or intestacy) and of potentially indefinite duration; esp: fee simple absolute in… …   Law dictionary

  • fee simple conditional — see fee simple Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. fee simple conditional …   Law dictionary

  • conditional — I adjective alterable, changeable, conditioned, containing stipulations, contingent on, dependent on, depending on, depending on a future event, determined by, equivocal, granted on certain terms, hypothetical, imposing a condition, indefinite,… …   Law dictionary

  • Fee — (f[=e]), n. [OE. fe, feh, feoh, cattle, property, money, fief, AS. feoh cattle, property, money; the senses of property, money, arising from cattle being used in early times as a medium of exchange or payment, property chiefly consisting of… …   The Collaborative International Dictionary of English

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