Problem with fee tails is that it tied up property = could not sell or mortgage property and this screwed up the market = kept land from being used efficiently
Abolition of the fee-tail: different statutes have different approaches.
1. Illinois Statute: a fee tail turns into a life estate in the original grantee with the remainder to the heirs of his body = a person who is granted a fee tail, instead of getting a fee tail gets a life estate, and the land passes in fee simple absolute to the person or persons to whom the estate would have passed upon the death of the original grantee
Illinois Ann. Statute ch. 30, §5 (1969)
Pennsylvania statute: any attempt to create a fee tail is automatically transformed into a fee simple = Whenever anything is conveyed in fee tail it will actually pass as fee simple
Rhode Island statute: adopts Il, rule if fee tail is created by will and PA rule if created by deed = Land conveyed in fee tail creates a life estate with the remainder in fee simple upon the death of the person to whom the land was granted
Rhode Island General Laws Ann. § 33-6-10 (1970)
New York Statute: remainder is not destroyed by transformation of fee tail into fee simple absolute, but will become a conditional remainder = Says states entailed have been abolished. Every estate that would have been a fee tail as of a certain date will be a fee simple. But still restricts your ability to sell the land because you basically have a life estate
New York Est. Powers & Trusts §6-1.2 (1967) 3. Life Estate
Conveyance to A in life estate, remainder to A & their heirs. Grant to A, limitation of this grant is life estate, heirs of A get remainder and fee simple (b/c it says their heirs). Remainder merges into life estate, so A gets a fee simple. This means that A doesn’t have to give it to his heirs; thus, not tied up for two generations as it would have been in original conveyance.