Mississippi Code
Miss. Code Ann. § 89-1-15 (2026)
Estates in fee tail prohibited
✓ current as of July 2026
Estates in fee tail are prohibited; and every estate which, but for this statute, would be an estate in fee tail, shall be an estate in fee simple; but any person may make a conveyance or a devise of lands to a succession of donees then living, and upon the death of the last of said successors to any person or any heir.
Codes, Hutchinson's 1848, ch. 42, art. 1 (24); 1857, ch. 36, art. 3; 1871, § 2286; 1880, § 1190; 1892, § 2436; 1906, § 2765; Hemingway's 1917, § 2269; 1930, § 2117; 1942, § 838.
Notes of Decisions
Cited in 2
cases, 1986–1990 · leading case: Ford v. Hegwood, 485 So. 2d 1044 (Miss. 1986).
Ford v. Hegwood, 485 So. 2d 1044 (Miss. 1986). “If this wording is an attempt to create a fee tail, it runs afoul Miss. Code Ann. § 89-1-15 (1972). If it is an attempt to create a cotenancy, it fails because the living (Carroll Dennis Hegwood) have no heirs.”
Beauchamp v. Beauchamp, 574 So. 2d 18 (Miss. 1990). “In her Motion, appellant argued that: (1) the restraint against alienation contained in George Beauchamp's will was void under Miss. Code Ann. § 89-1-15 (1972); and (2) that the law of decedent's domicile, Wisconsin, should be applied to construe his will.”
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