Chappel v. Brewster

1 Kirby 175

• Court: Connecticut Superior Court
• Decided: November 15, 1786
• Status: Published

Opinion

Tbat tbe doctrine of fee-simple conditional, and fee-simple absolute, as they were anciently held in England, and entail-ments,' by virtue of tbe statute de donis, could never bave any force in tbis state, being opposed to the nature of our tenures, and against tbe reason and policy of our law. 2 Blackstone’s Com. 110, 118.— 2 Bacon’s Abrid. 79, 80.

That estates tail are always descendible, but confined to a. particular line of descent, which, is not the present case; but the estate devised is to all the male heirs of the name of Chappel; therefore it cannot be made to take effect in the latitude here contended: And that estates tail.are always divided from the feeMmple, and there always is a reversion, until the particular estate is united with the reversion, and so again becomes a fee-simple: But there is no reversion or remainder in this case, the whole estate continues entire, and carries the fee-simple with it; therefore, this is not that kind of estate, which, even by the British law, would be unalienable. 1 Bacon’s Abrid. 400.

Judgment was for the defendant by the whole court.