Page:Black's Law Dictionary (Second Edition).djvu/495

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


FEE

admitted, in exclusion of collateral: or to the heirs_ male of his body. in exclusion of heirs female, whether lineal or collaterni. It was called a “condi1ionni tee." by reason of thc condition expressed or inmlied in the donation of it that, if the donee died without such particu-

lar h _, the land should rcrert to the donor. 2 Bl. Comm. 110: Kirk v. Furgcrson. 6 Cold. (Tenn.) 48.3: Simmons v. Augustin. 3 Port.

(Ala) 69; Paterson v. Ellis. 11 Wend. (N. Y.) -17: Moody v. “hiker. 3 Ark. 190: Iinlhert i'. Ilnlliei't_ 21 Mo. 2S].—Deter1uinnble fee. (Also calicd a “qualified" or "base" fee.) One which hns a qualification suhjoined to it, and which must he determined whenever the qualiiitfltifln nnnexed to it is at an end. 2 Bl. Comm 109. An estate in fee which is liable to he determined by some art or event expressed on its limitation to circumscribe its continu- ance, or inferred by law as bounding its ex-

-nt. Waslih. Real Prop. 617: lift-[tine v. B0- iec. ‘5 Wis. 36.—Fee damages. See DAM- A4.‘ -—!‘ee expectant. An estate where lands are given to a man and his wife, and [he heirs of their ho(lies.—Fee simple. See that titlc.—I‘ee tail. See that tilie—GreaI: fee. in feudai law. this was the ilesi, nation of ii tee heid (lirectlv froin the Ci‘0“'n.—KnigI1t's fee. The determinate quantity of land. (heiii hy an eslate of inheritance.) or of annuai in- ruine therefrom, which was sufliiient to maintain a knight. Eiery man holding such a fee ii--is obliged to be knighted, and attend the king in his wars for the s are of forty davs in the it-or, or pay a fine caiicil "escu:ige' for his non compliance. he estate was estimated at £311 a year. or, acrorrling to Coke. (‘.30 items. Fee 1 Bl. Comm. 0-1. 410 2 Bl. Comm. 62: Co. Litt G9i1.—Limited fee. An estate of inheri- |'-nce in lands. niiich is clog,-.vei.l or confined with some sort of coniliizion or qualification. Such estate» are hose or qiiriiificd fees. condi- Liuiml fccs, and fers-tail. 'Iiie term is opposed [H "fee-simple." 2 Bl. Comm. 109; Lott v.

'_vrkofi. I Barb. (N. Y) .57»: Paterson v. Ellis. 11 Wcnd. (N. Y.) 259.——Pluw'inan’s fee. in old English law, this was .-1 species of ten- ure peculiar to peasants or sin.-iii fzurners. some- what like giivelkind, by which the lands descouded in equal shares to uii the sons of the ivn.-int.—Qn.nlified fee. In Enzlisli law. A for: having a qualification suhjoincd thereto, and ii-liii-h must he determined whenever the quali- aration iinncxed to it is at an end; otherwise iermed a “hose fee.” 2 Bl. Comm. 109; Stvph. Cumin. 225 An interest nhich may continue forever, hat is liable to be determined. nithout the aid of a conreyiince. hy some art or event. circumscrihing its continunil -~ or extnnt. 4 Kent, Comm. 9: Moody v. W.'ilkt-1'. 3 Ark. 190: W. S. v. Reese, 27 fed. (‘as ‘H4: Bryan v. Spires. 3 Brewst. iP' . ..—Qnnsi fee. An estate gained by wrong; for wrong is uniimited and uncontainerl within raies. Wharton.

2. The word "fee" is also frequently used to denote the land which is held in fee.

3. The compass or circuit of a manor or lordship. CowelL

4. In American law. A fee is an estate of inheritance without condition, heinnging to the owner, and alienable by him, or transmissibie to his heirs absolutely and simply. it is an ahsoiiite estate in perpetuity, and the largest possible estate a man can have, being, in fact. allodial in its nature. Earnest v. Little River Land, etc. Co., 109 Tenn. 427, 75 S. W. 1122; Phienix v. Emigration C0n1'rs. 12 How. Prac. (N. Y.) 10: United States Pipe-Line Co. v. Delaware. L. & W. R. Co.,

487

FEE-SIMPLE

62 N. J. Law, 254, 4] ALL 759. 42 L R. A. 572.

5. A reward. compensation, or wage given to one for the performance of official duties (clerk of court, sheriff, etc.) or for professional services, as in the case of an attorney at law or a physician.

—(_3o:i.itingent fee. A fee stipulated to be paid to an attoriiey for his services in conducting a suit or other forsnsic pi‘ocec<iin;: only in case he wins it: it may be a percentage of the amount recovei-e(l.—Docket fee. ee DoCKrc'r.—I‘ee-bill. A schedule of the fees to be (‘hni'g0d by cierlis of courts. shcrifEs_ or other oliiceis, for each particular service in the line of their duties.

FEE-FARM. This is a species of tenure, where land ts held of another in perpetuity at El yearly rent, without realty. homage, or other servii es than such as are speciniiy comprised in the feoiitment. II: correspoiids very nearly to the “oniphg/tizusi's" of the Iioruan law

Fee-furm is where an estate in fee is granted subject to a rent in fee of at least one-fourth of the value of the lands at the time of its ri>ser\':1li0i1. Such rent appears to be ctiiied “feefai-rii" heuiase a grant of lands reseriiug so cunsidcrable a rent is in-lc only letting lands to [arm in fee-simple. ins ill] of the usu- Zli ructliod of life or years. 2 Bl. Comm. 43; 1 Steph Comm. 675.

Fee-fa iiis tire lands hcid in fee to render for

them anniiiilly the true value, or more of iess: so ciiilml lmiunse :1 farm rent is reserved upon a grant in fan. Such estates are estates of inhi-rilnnce. They are classed among estali. in fee-simplc. i\'o rei-ersionary interest rt-m ns iii the iessor, and they are thcreiore subject to the operation of the legal principics “inch forbid restraints upon alienation in ail cases where no feinl-il relation exists between grantor and gi"inlee. De Persler v. Michael. G N. Y. 497. 57 Am. Dec. 470. —I‘ee-farm rent. The rent reserved on granting a fee-farm. it mi,-zht he one fourth the \"1'll\le of the innd. according to Coiveli; imc-tliirrl. accordin to other niitliuis. Spel- man; Tennes de in Ley: 2 El. Comm. 4-3. Fee-farm rent is a rent charge issiiinz out of an estate in fee: a poi-petiial rent rosm-ied on a coiii-ciance in fee-simp De I‘:-ys r v. Michaei, G N. Y. 467, -195. DI Am. Dec. 4:0.

FEE-SIMPLE. In English law. A freehold estate of inheritance, absolute and unquaiified. It stands at the head of estates as the highest in dignity and the iiinsl: ample in extent; since eiery other kind of estate is derivable thereout, and inergerihie therein. It may be enjoyed not only in land, but also in advowsons. commons, estoi-ers. 'l.lJ(l other heredjtaments, as well as in persouaity, as an annuity or dignity, imd also in an upper chamber. tlioiigh the lower huiidings and soil belong to another. Wharton.

In American law. An nhsoliite or feesimple estate is one in which the owner is entitled to the entire property, with unconditional power of disposition during his life, and descending to his heirs and legal repro- sentatives upon his death intestate. Code Ga. 1882, § 2246. And see li‘rledn.inn v. Steiner, 107 Ill. 131; Woodherry v. Matherson. 19

i