TAIL

10 definitions found across Law Mind sources

TAILAuthored
The Law Mind • 1197 words
Definition
As a standalone legal term, "tail" means limited, abridged, or curtailed. It appears almost exclusively in compound legal phrases rather than in isolation. 1. TAIL (adjective/modifier): Describes a fee or estate that has been reduced from its fullest form — a fee simple — by restricting the line of succession to specified heirs. The most important compound is estate in tail (also written fee tail or fee-taille): an estate of inheritance that passes not to heirs generally but only to the bodily heirs of the grantee — that is, the grantee's lawful issue, and through them to their descendants in a direct line, for as long as the bloodline continues. When the line of bodily heirs fails, the land does not pass by will or intestacy; it reverts to the grantor or the grantor's heirs. The defining characteristic of the estate in tail is that the holder cannot alienate the land in a way that defeats the claims of issue or the reversioner. 2. TAIL COVERAGE (insurance context): In modern insurance law, "tail" refers to an extended reporting period — a coverage extension purchased after a claims-made policy expires that preserves the right to report claims arising from acts that occurred during the original policy period. This usage is entirely distinct from the property law meaning and is a product of twentieth-century insurance practice.
Common Language
Modern common usage (Wiktionary): To follow surreptitiously; to pull or drag by the tail; of a vessel, to swing with the stern in a given direction; of a timber, to rest its end upon a support. Historical common usage (Webster's 1913): "Limitation; abridgment." Webster's 1913 acknowledged the legal meaning directly, noting "estate in tail" as a limited or reduced fee, and citing Blackstone. The common English verb "to tail" (to follow, to surveil) shares no operational connection with the legal adjective. In property law, "tail" is always a term of limitation, describing what has been taken away from an otherwise unlimited fee — not an action performed. Researchers encountering "tail" in historical instruments should resist any association with the modern surveillance sense.
Common Confusion
Fee tail is frequently confused with fee simple conditional, an earlier form under which a grantee who had issue could alienate the land freely. The Statute De Donis Conditionalibus (1285) converted the fee simple conditional into the true fee tail, preventing alienation and locking land into the designated line of succession. In pre-De Donis materials the two forms are easy to conflate. Separately, "tail" and "tail coverage" are entirely unrelated terms sharing only a word; researchers moving between property law and insurance law sources must treat them as distinct vocabulary.
Recognized Forms
/SUBTYPES Fee tail general: Estate passes to all bodily heirs of the donee without restriction as to the other parent. Fee tail special: Estate passes only to issue by a specified spouse named in the grant; issue by any other partner are excluded. Fee tail male / Fee tail female: Estate passes only to male-line or female-line descendants respectively. Estate tail quasi: Where a tenant for life purports to grant an estate tail, the resulting interest is called a quasi tail or improper tail, because the grantor's limited interest cannot support a true perpetual entail. The grantee holds only for the life of the original tenant for life.
Why It Matters in Research
The estate in tail is one of the most historically consequential property forms in Anglo-American law, and understanding its mechanics is essential for reading deeds, wills, settlement documents, and equity pleadings from the medieval period through the nineteenth century. Several navigational points: Historical transformation: The Statute De Donis (1285) created the fee tail as a rigid entail. English courts then spent the next two centuries developing the common recovery and the fine as fictitious proceedings to bar entails and restore alienability. By the time Blackstone wrote, these collusive actions were the standard method of breaking an entail. Researchers reading property records without awareness of these devices will misread conveyancing history. American abolition: Most American states abolished the fee tail by statute shortly after independence or during the nineteenth century. The typical statutory conversion transforms a fee tail into a fee simple in the first taker. A handful of states retained modified forms. Researchers working with early American land records — particularly in states with significant colonial-era land grants — must check the date and terms of the applicable state statute before concluding that a grant created a fee tail that persisted. Insurance tail: The insurance sense of "tail" appears with frequency in coverage disputes, professional liability litigation, and transactional due diligence. It is entirely a creature of claims-made policy structure and has no historical roots in property law. The encyclopedia entry noted below covers this usage directly. Corpus traps: In digitized historical legal texts, "tail" often appears abbreviated or as part of compound phrases ("fee-tail," "in tail male," "docked the entail"). Full-text search on the bare word "tail" in property law databases will return both the legal term and ordinary usage; phrase searches are more reliable.
Historical Dictionary Support
The historical dictionaries converge on the core definition — tail means limitation or abridgment of a fee — but vary in depth. Black's (both editions) and Bouvier's each direct the reader to "estate tail" as the operative concept, treating the standalone word as a modifier. Black's second edition offers the clearest substantive account, describing the estate as one passing to the heirs of the donee's body in a direct line so long as posterity endures. Burrill, as cited by Webster's 1913, provides the succinct formulation "limitation; abridgment," which captures the term's essential function. Rapalje & Lawrence's entry for "tailage" — a tribute or toll cut from one's substance — is etymologically related but legally distinct; researchers should not conflate tailage (a form of taxation) with estate tail (a form of landholding). What the historical dictionaries largely omit: the procedural mechanisms for barring an entail (the fine and common recovery), the American statutory abolition story, and any treatment of tail coverage. These gaps are significant for researchers working in equity, early American conveyancing, or insurance law respectively.
Jurisdictional Note
The fee tail was effectively abolished in England by the Fines and Recoveries Act 1833, which allowed tenants in tail to bar the entail by deed. In the United States, abolition occurred state by state through legislation, with most states converting a purported fee tail into a fee simple in the first taker. Maine and one or two other jurisdictions historically retained limited forms. Any research involving specific land parcels requires verification of the controlling state statute and its effective date.
Encyclopedia Cross-Reference
Policy Period, Retroactive Dates, and Extended Reporting Periods (Tail Coverage) — The Law Mind Insurance Law Encyclopedia
Related Terms
Estate in tail; Fee tail; Fee simple; Fee simple conditional; De Donis Conditionalibus; Entail; Disentail; Common recovery; Fine (conveyancing); Reversion; Remainder; Bodily heirs; Issue; Tail coverage (insurance); Extended reporting period; Claims-made policy
TAILmain
Black's Law Dictionary • 1891
ESTATE TAIL, QUASI. When a ten- ant for life grants his estate to a man and his heirs, as these words, though apt and proper to create an estate tail, cannot do so, because the grantor, being only tenant for life, cannot grant in perpetuum, therefore they are said to create an estate tail quasi, or improper. Brown.
TAILmain
Black's Law Dictionary • 1891
Limited; abridged; reduced; cur- tailed, as a fee or estate in fee, to a certain order of succession, or to certain heirs.
TAILmain
Bouvier's Law Dictionary • 1928
ESTATE OF FREEHOLD or
TAILn.
Websters Unabridged Dictionary (1913) • 1913
Limitation; abridgment. Burrill. Estate in tail, a limited, abridged, or reduced fee; an estate limited to certain heirs, and from which the other heirs are precluded; -- called also estate tail. Blackstone.
TAILa.
Websters Unabridged Dictionary (1913) • 1913
Limited; abridged; reduced; curtailed; as, estate tail.
TAILn.
Websters Unabridged Dictionary (1913) • 1913
The terminal, and usually flexible, posterior appendage of an animal. Any long, flexible terminal appendage; whatever resembles, in shape or position, the tail of an animal, as a catkin. Doretus writes a great praise of the distilled waters of those tails that hang on willow trees. Harvey. Hence, the back, last, lower, or inferior part of anything, -- as opposed to the Ant: head, or the superior part. The Lord will make thee the head, and not the tail. Deut. xxviii. 13. A train or company of attendants; a retinue. "Ah," said he, "if you saw but the chief with his tail on." Sir W. Scott. The side of a coin opposite to that which bears the head, effigy, or date; the reverse; -- rarely used except in the expression "heads or tails," employed when a coin is thrown up for the purpose of deciding some point by its fall. The distal tendon of a muscle. A downy or feathery appendage to certain achens. It is formed of the permanent elongated style. A portion of an incision, at its beginning or end, which does not go through the whole thickness of the skin, and is more painful than a complete incision; -- called also tailing. One of the strips at the end of a bandage formed by splitting the bandage one or more times. A rope spliced to the strap of a block, by which it may be lashed to anything. The part of a note which runs perpendicularly upward or downward from the head; the stem. Moore (Encyc. of Music). Same as Tailing, 4. The bottom or lower portion of a member or part, as a slate or tile. See Tailing, n., 5. Tail beam. (Arch.) Same as Tailpiece. -- Tail coverts (Zoöl.), the feathers which cover the bases of the tail quills. They are sometimes much longer than the quills, and form elegant plumes. Those above the quills are called the upper tail coverts, and those below, the under tail coverts. -- Tail end, the latter end; the termination; as, the tail end of a contest. [Colloq.] -- Tail joist. (Arch.) Same as Tailpiece. -- Tail of a comet (Astron.), a luminous train extending from the nucleus or body, often to a great distance, and usually in a direction opposite to the sun. -- Tail of a gale (Naut.), the latter part of it, when the wind has greatly abated. Totten. -- Tail of a lock (on a canal), the lower end, or entrance into the lower pond. -- Tail of the trenches (Fort.), the post where the besiegers begin to break ground, and cover themselves from the fire of the place, in advancing the lines of approach. -- Tail spindle, the spindle of the tailstock of a turning lathe; -- called also dead spindle. -- To turn tail, to run away; to flee. Would she turn tail to the heron, and fly quite out another way; but all was to return in a higher pitch. Sir P. Sidney.
tailverb
Wiktionary (English) • 2026
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To hold by the end; said of a timber when it rests upon a wall or other support; with in or into | To swing with the stern in a certain direction; said of a vessel at anchor. | To follow or hang to, like a tail; to be attached closely to, as that which can not be evaded. | To follow and observe surreptitiously. | To pull or draw by the tail.
tailnoun
Wiktionary (English) • 2026
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The caudal appendage of an animal that is attached to their posterior and near the anus or cloaca. | An object or part of an object resembling a tail in shape, such as the thongs on a cat-o'-nine-tails. | The back, last, lower, or inferior part of anything. | The feathers attached to the pygostyle of a bird. | The tail-end of any object. | The rear structure of an aircraft, the empennage. | The visible stream of dust and gases blown from a comet by the solar wind. | The latter part of a time period or event, or (collectively) persons or objects represented in this part. | The part of a distribution most distant from the mode. | One who surreptitiously follows another. | The lower order of batsmen in the batting order, usually specialist bowlers. | The lower loop of the letters in the Roman alphabet, as in g, q or y. | The side of a coin not bearing the head; normally the side on which the monetary value of the coin is indicated; the reverse. | All the last terms of a sequence, from some term on. | The buttocks or backside. | The penis of a person or animal. | Sexual intercourse. | The stern; the back of the kayak. | A train or company of attendants; a retinue. | The distal tendon of a muscle. | A filamentous projection on the tornal section of each hind wing of certain butterflies. | A downy or feathery appendage of certain achens, formed of the permanent elongated style. | A portion of an incision, at its beginning or end, which does not go through the whole thickness of the skin, and is more painful than a complete incision; called also tailing. | One of the strips at the end of a bandage formed by splitting the bandage one or more times. | A rope spliced to the strap of a block, by which it may be lashed to anything. | The part of a note which runs perpendicularly upward or downward from the head; the stem. | A tailing. | The bottom or lower portion of a member or part such as a slate or tile. | A tailcoat. | Synonym of pigtail (“a short length of twisted electrical wire”). | The final fraction of a distillation run, typically containing impurities and fusel oils.
tailadj
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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Limited; abridged; reduced; curtailed.

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