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Originally Posted by rottweiler
Are you saying that "heir and assigns forever" does not actually mean "heirs and assigns forever"?
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I don't think I stuttered.
Was the citation I provided not clear?
You need to understand the difference between "words of purchase" and "words of limitation."
Here's the quote again:
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"The technical words to create a fee are by a devise to one and his heirs, and the words 'heirs and assigns' are words of limitation and not of purchase." Allen v. Heikkinen, 364 Mich. 129 (1961).
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Example of fee simple:
Deed says: A.B. grants and conveys to C.D and his heirs and assigns.
Words of purchase: "A.B. grants and conveys to C.D."
Words of limitation: "and his heirs and assigns."
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Example of fee tail:
Deed says: "A.B. grants and conveys to C.D. and the heirs of his body"
Words of purchase: "A.B. grants and conveys to C.D."
Words of limitation: "and the heirs of his body"
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The words of purchase tell who the property goes to.
The words of limitation tell what kind of estate he has.
You do not read the words of limitation as a grant to the literal heirs ... they are interpreted as describing the type of estate that individual has.
And please, I've forgotten more property law than you've ever learned.