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fee tail
In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alienated by the tenant-in-possession, and instead causes it to pass automatically by operation of law to an heir pre-determined by the settlement deed. The term ''fee tail'' is from Medieval Latin ''feodum talliatum'', which means "cut(-short) fee", and is in contrast to "fee simple" where no such restriction exists and where the possessor has an absolute title (although subject to the allodial title of the monarch) in the property which he can bequeath or otherwise dispose of as he wishes. Equivalent legal concepts exist or formerly existed in many other European countries and elsewhere.
==Purpose==
The fee tail allowed a patriarch to perpetuate his blood-line, family-name, honour and armorials〔Frequently in default of a son and heir to the tenant-in-possession, the entail required the next male heir, if via a female line, to adopt the surname and arms of the patriarch, see for example Mark Rolle〕 in the persons of a series of powerful and wealthy male descendants. By keeping his estate intact in the hands of one heir alone, in an ideally indefinite and pre-ordained chain of succession, his own wealth, power and family honour would not be dissipated amongst several male lines, as became the case for example in Napoleonic France by operation of the Napoleonic Code which gave each child the legal right to inherit an equal share of the patrimony, where a formerly great landowning family could be reduced in a few generations to a series of small-holders or peasant farmers. It therefore approaches the true corporation which is a legal body or person which does not die and continues in existence and can hold wealth indefinitely. Indeed as a form of trust, whilst the individual trustees may die, replacements are appointed and the trust itself continues, ideally indefinitely. Such indefinite inalienable land-holdings were soon seen as restrictive on the optimum productive ability of land, which was often converted to deer-parks or pleasure grounds by the wealthy tenant-in-possession, which was damaging to the nation as a whole, and thus laws against perpetuities were enacted, which restricted entails to a maximum number of lives. In England almost seamless successions were made from patriarch to patriarch, the smoothness of which were often enhanced by baptising the eldest son and heir with his father's Christian name for several generations, for example the FitzWarin family, all named Fulk.
An entail also had the effect of disabling illegitimate children from inheriting. It created complications for many propertied families, especially from about the late 17th to the early 19th century, leaving many individuals wealthy in land but heavily in debt, often due to annuities chargeable on the estate payable to the partiarch's widow and younger children, where the patriarch was swayed by sentiment not to establish a strict concentration of all his wealth in his heir leaving his other beloved relatives destitute. Frequently in such cases the generosity of the settlor left the entailed estate as an uneconomical enterprise, especially during times when the estate's fluctuating agricultural income had to provide for fixed sum annuities. Such impoverished tenants-in-possession were unable to realise in cash any part of their land or even to offer the property as security for a loan, to pay such annuities, unless sanctioned by private Act of Parliament allowing such sale, which expensive and time-consuming mechanism was frequently resorted to. The ''beneficial owner'' (or tenant-in-possession) of the property in fact had only a life interest in it, albeit an absolute right to the income it generated, the ''legal owners'' being the trustees of the settlement, with the remainder passing intact to the next successor or heir in law; any purported bequest of the land by the tenant-in-possession was ineffective.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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