8.00

Heirs Of The Body

References
Standard Exceptions

DEC   Decedent’s Estates

8.00.1

In General

Heirs of the body or bodily heirs are restrictive terms as compared with "heirs "and are strictly construed to include only lineal descendants--children actually begotten and born of the parents in question. The inclusion of bodily heirs or heirs of the body following the name of the grantee used to be the most expeditious manner with which to create a fee tail, an estate in which the inheritance is limited to the grantee's or donee's direct or lineal heirs. In Texas, fee tails no longer exist, having been prohibited by statute. The Rule in Shelley's Case has followed a similar fate.

8.00.2

Title Insurance Considerations

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