In the conveyance "O to A and his heirs," what estate does A hold under modern law?

• A. Fee simple absolute
• B. Fee tail
• C. Life estate
• D. Fee simple subject to condition

Answer: (A)

In modern property law, the phrase “to A and his heirs” is treated as creating a fee simple absolute. The words “and his heirs” are a historical formality that carry no real limitation in today’s doctrine, so the grant essentially transfers an unlimited, freely transferable ownership with no future termination condition. Therefore A holds a fee simple absolute.

This isn’t a life estate because there’s no duration tied to A’s life. It isn’t a fee tail, which would require “heirs of his body” to create a limitation. It isn’t a fee simple subject to a condition because no condition or limitation is present in the grant.