76-110. Fee simple conditional and fee tail; abolished; effect of use.

207 words·~1 min read·/ne/chapter-76/76-110

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The creation of fees simple conditional as they existed under the law of England prior to the statute de donis is not permitted. The creation of fees tail is not permitted. The use in an otherwise effective conveyance of property, of language appropriate to create such a fee simple conditional or a fee tail, creates a fee simple in the person who would have taken a fee simple conditional or a fee tail. Any future interest limited upon such an interest is a limitation upon the fee simple and its validity is determined accordingly. Nothing herein contained shall affect the operation of sections 76-111 to 76-113 .

Where an estate in fee simple is devised, an attempt by the testator to prevent alienation by attaching conditions subsequent is ineffective and void for the reason that conditions are repugnant to the estate created. Cast v. National Bank of Commerce T. & S. Assn., 186 Neb. 385, 183 N.W.2d 485 (1971).

The operation of this section must be read and considered with other sections of the Uniform Property Act. Hauschild v. Hauschild, 176 Neb. 319, 126 N.W.2d 192 (1964).

Estates in fee simple conditional and fee tail are abolished. Ellingrod v. Trombla, 168 Neb. 264, 95 N.W.2d 635 (1959).