FEE

1. A freehold estate in lands, held of a superior lord, as a reward for services, and on condition of rendering some service in return for it. The true meaning of the word "fee" is the same as that of "feud" or "fief," and in its original sense it is taken in con- tradistinction to "allodium." which latter is defined as a man's own land, which he pos- sesses merely in his own right, without ow- ing any rent or service to any superior. 2 Bl. Comm. 105. See 1 N. Y. 491. In modern English tenures, "fee" signifies an estate of inheritance, being the highest and most extensive interest which a man can have in a feud; and when the term is used simply, without any adjunct, or in the form "fee-simple," it imports an absolute inher- itance clear of any condition, limitation, or restriction to particuliar heirs, but descend- ible to the heirs general, male or female, lin- eal or collateral. 2 Bl. Comm. 106. In modern English tenures, a fee signifies an es- tate of inheritance, and a fee-simple imports an absolute inheritance, clear of any condition or lim- Itation whatever, and, when not disposed of by will, descends to the heirs generally. There are also limited fees: (1) Qualified or base fees; and (2) fees conditional at the common law. A base fee was confined to a person as tenant of a particular place. A conditional fee was restrained to par- ticular heirs, as to the heirs of a man's body. 11 Wend. 259, 277. A determinable fee is one which may pos- sibly continue indefinitely, but which is liable to be determined. Plowd. 557. A qualified (or base) fee is one which has a qualification subjoined thereto, and which must be determined whenever the qualifica- tion annexed to it is at an end. 2 Bl. Comm. 109. A conditional fee,lat the common law, was a fee restrained to some particular heirs ex- clusive of others. These afterwards became estates tail. 2 Bl. Comm. 110. 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. AM.DICT.LAW-31 5. A reward or wages given to one for the execution of his office, or for professional services, as those of a counsellor or physi- cian. Cowell.

ESTATE IN FEE-SIMPLE, (when created). 5 Scott 955. ESTATE, REST OF MY, (in a will). 8 Bing. 323, 328. ESTATE, RIGHT, TITLE AND INTEREST, (in a conveyance). 1 East 502, 506. (504) Friday, Ash Wednesday, Sexagesima, Ascensess in landed property. (Id. § 11.) The sion-day, Pentecost, Trinity Sunday, &c. - Wharton. FECIAL LAW.-A Roman law relative to declarations of war and treaties of peace. FECIALES.-Among the Romans, a body of priests or heralds whose office was to act as ambassadors, and (at a later period) to declare war and make peace. - Calv. Lex. 1 Kent Com. 6. FEDERAL.-Belonging to or appertaining to the federal government (q. v.) NORMAN-FRENCH: fee, fe, fle; Low LATIN: feodum, from Gothic, faihu, property (modern German vich, cattle). Frodum originally meant land granted in consideration of services to be rendered, as opposed to allodium, or land held absolutely. Litt. Dict. 8 v. Fief; Diez. Wortb. s. v. Fio; Digby Hist. R. P. 59 n. (9). owner of an estate in fee-simple is absomay put it to any use, lease it, mortgage lute owner of the land or other realty; he it, sell it or give it away; if he dies without having disposed of it during his lifetime, or by his will, it descends to his heir according to the rules of descent (q. v.) 3. An estate in fee-simple is properly created by the words "and his heirs" following the name of the grantee; thus, a conveyance of land to "A. and his heirs" gives A. an estate in fee-simple. A conveyance to "A." without more, or "to A. forever," or to "A. and his assigns," or the like, without the word "heirs," gives A. only an estate for life. In a devise by will, however, the word "heirs" is not required, as a gift of land by will to A., without more, vests in A. all the estate which the testator had, whether a feesimple or a less estate. (Wms. Real Prop. 216.) In a conveyance to a corporation sole the word "successors" is substituted for "heirs." The word is not required in a conveyance to a corporation aggregate, but it is not uncommonly so used. 4. An estate in fee-simple may be either absolute, as where land is given to a man and his heirs, without more, or determinable, where some words are added which may put an end to it on the happening of a certain event. This may be (1) where a condition is added. Thus, if an annuity, is granted to a man and the heirs of his body, he has a fee-simple conditional on his having issue.* If he has issue the condition is performed, so that he can alien or charge the annuity; but if 21. Fee is applied to property to denote that it has the quality of descending to the heirs of the owner for the time being if he does not dispose of it during his life or by his will, supposing he has power to do so. Thus, an office or annuity in fee is one which descends to the heir of the holder for the time being on his death intestate. (See ANNUITY; OFFICE.) The he does not alien it, it descends to his term is, however, chiefly of importance as eldest son, subject to the same condition; applied to land, estates of inheritance in (2) by limitation, as where land is granted land being called "estates in fee." Litt. to A. to hold to him and his heirs so long 1. as C. has heirs of his body; this is a feeFees are of two principal classes, feesimple "qualified" (formerly also called a simple and fee-tail. 22. Fee-simple. An estate in feesimple is the greatest estate or interest which the law allows any person to pos- "base fee"), (Seymor's Case, 10 Co. 97b; Co. Litt. 1b, 341a; Prest. Est. 117, 122, where another sense is given to "qualified fee;") (3) by construction of law, as where * He has not an estate tail as he would have the statute, such an estate in freehold land was if the thing granted were freehold land, because called a "fee-simple conditional at the common an annuity is not a tenement, and therefore, not law." As to a customary fee-simple conditional, within the statute De Donis (q. v.) (Prest. Est. see ESTATE, 12. 139; Co. Litt. 19a; 2 Bl. Com. 113.) Before NORMAN-FRENCH: feoffment, (Britt. 209 b.) from feoffer, to grant a fee or feudal estate. Loysel Inst. Gloss, v. Feoffer. See FEE. every case; and now, by the Stat. 8 and 9 Vict. c. 106, every feoffment (except one made under a custom by an infant) nt) is void at law unless made by deed. The livery of seisin is of course still necessary. But if livery be omitted the charter of feoffment will, in ordinary cases, take effect as a grant under the Stat. 8 and 9 Vict. c. 106. 3. Formerly a feoffment was an assurance of great power, for it not only cleared (i. e. destroyed) all disseisins, abatements, intrusions and other wrongful or defeasible estates, where the livery of seisin by the feoffor was lawful, (Co. Litt. 9a, 49a,) but also operated by wrong, or tortiously, where the feoffor granted a greater estate than he was entitled to, so as to confer on the feoffee the whole estate purported to be granted. Thus, if a tenant for his own life made a feoffment of the land in fee-simple, the feoffee became seised of an estate in fee-simple by wrong, which was good against every one except the reversioner; as regards him, the feoffment, being unauthorized, operated as a forfeiture of the tenant for life's estate, and entitled him to re-enter and take possession of the land. But by the Stat. 8 and 9 Vict. c. 106, the tortious operation of a feoffment is abolished. Wms Real Prop. 142. See CONVEYANCE; GRANT; OPERATIVE WORDS; USES. FEOFFMENT, (defined). Co. Litt. 271 b, n. (what is not). 1 Cro. 344.

Constitution was before the nation for adoption or rejection, and written in answer to objections founded upon the extent of its powers, and on its diminution of State sovereignty, are entitled to more consideration where they frankly avow that the power objected to is given, and defend it.1 1. (1) In feudal law, an allotment of land in consideration of military service; land held of a superior, on condition of rendering him service, the ultimate property remaining in him. Opposed to allodium. See general, according to the course of the common law. The courts favored "this subtle finesse of construction," to shorten the duration of these conditional estates. But the nobility, to perpetuate possessions in their own families, procured the enactment of the statute de donis conditionalibus, 13 Edw. I (1286), с. 1. This statute revived, in some sort, the ancient feudal restraints, by enacting that the will of the donor should be observed, and that the tenements should go to the issue, if any; if none, should revert to the donor.¹ See further DONUM, De donis. A "fee-simple" is the largest estate a man can have in lands, being an absolute estate in perpetuity. The essential matter is that such an estate is so brought into existence that it may continue forever. Where an estate is granted subject to some condition in the instrument creating it, or to some condition implied by law to be thereafter performed, it is called a "conditional fee." A "determinable fee" embraces all fees which are determined by some act or event expressed, in their limitation, to circumscribe their continuance, or inferred by law as bounding their extent. In its broader sense, a determinable fee embraces what is known as a conditional fee. When it becomes an established fact that the event which may terminate the estate will never occur, a determinable fee enlarges into a fee-simple absolute. So, when the condition upon which a conditional fee rests has been performed, the estate becomes an absolute fee.2 Fee-tail. Upon the construction of the statute of de donis, the judges held that the donee had no longer a conditional fee-simple, but a particular estate, which they denominated a "fee-tail;" and the donor had the ultimate fee-simple, expectant on the failure of issue; i. e., the reversion. 3 The term "fee-tail" was borrowed from the feudists, among whom it signified any mutilated or truncated inheritance, from which the heirs general were "cut" off; being from a verb tailare, to cut.3 Estates tail general. Where lands and tenements are given to one and the "heirs of his body begotten." Estate tail-special. Where the gift is restricted to certain heirs of the donee's body; as, to the "heirs of his body, to be begotten by his present wife." An estate in general or special tail given to a man and the heirs-male of his body begotten is an "estate in tail-male general;" given to a man and the heirs female of his body begotten, is an "estate tailfemale." 4 Estate tail after possibility of issue ехtinct. Where one is tenant in special tail, and a person, from whose body the issue was to spring, dies without issue, or, having left issue, that issue becomes extinct.1 As the word "heirs" is necessary to create a fee, "body," or some other word of procreation, is necessary to make a fee-tail.2 "Issue forever," and "posterity," have been held not less extensive than "heirs of the body." "Children," or equivalent words, will not create the estate. Where such estates are forbidden, estates which formerly would have been deemed such are now held to be estates in fee-simple, and words will be given this construction if possible.3 Growth of the estate tail: (1) Permission was granted the heirs of the tenant to succeed him as their deceased ancestor. (2) "Heirs" acquired a breadth of meaning sufficient to admit collaterals. (3) Collaterals were excluded by limiting the estate to a man and the "heirs of his body." (4) This limitation was construed to be a conditional gift-the condition being "issue;" and, a child being born, the estate became a fee-simple, alienable, etc. (5) The statute de donis created the estate tail as it at present exists. See FEUD; RECOVERY, Common; SHELLEY'S CASE;

property; possession; tenure. "Laden with rich fee." Spenser. Once did she hold the gorgeous East in fee. Wordsworth. Reward or compensation for services rendered or to be rendered; especially, payment for professional services, of optional amount, or fixed by custom or laws; charge; pay; perquisite; as, the fees of lawyers and physicians; the fees of office; clerk's fees; sheriff's fees; marriage fees, etc. To plead for love deserves more fee than hate. Shak. A right to the use of a superior's land, as a stipend for services to be performed; also, the land so held; a fief. An estate of inheritance supposed to be held either mediately or immediately from the sovereign, and absolutely vested in the owner. An estate of inheritance belonging to the owner, and transmissible to his heirs, absolutely and simply, without condition attached to the tenure. Fee estate (Eng. Law), land or tenements held in fee in consideration or some acknowledgment or service rendered to the lord. -- Fee farm (Law), land held of another in fee, in consideration of an annual rent, without homage, fealty, or any other service than that mentioned in the feoffment; an estate in fee simple, subject to a perpetual rent. Blackstone. -- Fee farm rent (Eng. Law), a perpetual rent reserved upon a conveyance in fee simple. -- Fee fund (Scot. Law), certain court dues out of which the clerks and other court officers are paid. -- Fee simple (Law), an absolute fee; a fee without conditions or limits. Buy the fee simple of my life for an hour and a quarter. Shak. -- Fee tail (Law), an estate of inheritance, limited and restrained to some particular heirs. Burill.

To reward for services performed, or to be performed; to recompense; to hire or keep in hire; hence, to bribe. The patient . . . fees the doctor. Dryden. There's not a one of them but in his house I keep a servant feed. Shak.

An amount charged for a privilege. | An amount charged for professional services. | An additional monetary payment charged for a service or good, especially one that is minor compared to the underlying cost. | An inheritable estate in land, whether absolute and without limitation to potential heirs (fee simple) or with limitations to particular kinds of heirs (fee tail). | A right to the use of a superior's land as a stipend for certain services to be performed, typically military service. | Synonym of fief: the land so held. | An inheritable estate in land held of a feudal lord on condition of performance of certain services, typically military service. | Synonym of possession. | Money paid or bestowed; payment; emolument. | A prize or reward. Only used in the set phrase "A finder's fee" in Modern English.

A surname. | A diminutive of the female given name Fiona.

To reward for services performed, or to be performed; to recompense; to hire or keep in hire; hence, to bribe.