Colorado § 38-30-106 - Tenant in fee tail takes in fee simple.
Full text of Colorado Colorado Revised Statutes § 38-30-106 — Tenant in fee tail takes in fee simple., with citation guidance and answers to common questions.
§ 38-30-106. Tenant in fee tail takes in fee simple.
In cases where, by the common law, any person may be or become seized in fee tail of any lands, tenements, or hereditaments by virtue of any devise or conveyance, or by any other means whatsoever, such person, instead of becoming seized in fee tail thereof, shall be deemed and adjudged to be seized of such lands, tenements, and hereditaments in fee simple.
Source: R.S. p. 107, § 6. G.L. § 165. G.S. § 203. R.S. 08: § 674. C.L. § 4875. CSA: C. 40, § 7. CRS 53: § 118-1-6. C.R.S. 1963: § 118-1-6. L. 83: Entire section amended, p. 1467, § 1, effective May 25.
ANNOTATION
Law reviews. For comment on Sconce v. Neece, 129 Colo. 267, 268 P.2d 1102 (1954), appearing below, see 31 Dicta 239 (1954), and 27 Rocky Mt. L. Rev. 121 (1954). For article, "Some Rules of Future Interests Can be Used to Clear Titles", see 12 Colo. Law. 1229 (1983).
Legislative intent. The manifest intention of the general assembly was to get rid of estates tail and not to revive conditional fees and to substitute for the fee tail a life estate in the grantee, with remainder in fee simple to those who would take such remainder by the terms of the grant. Sconce v. Neece, 129 Colo. 267, 268 P.2d 1102 (1954).
Fee simple conditional and estate tail distinguished. The major difference between the fee simple conditional and the estate tail is that the former is freely alienable after birth of the required issue while the latter lacks this characteristic and its alienability is extremely limited. Sconce v. Neece, 129 Colo. 267, 268 P.2d 1102 (1954).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-30-106
What does Colorado Revised Statutes § 38-30-106 cover?
Section 38-30-106 ("Tenant in fee tail takes in fee simple.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-30-106?
A common citation format is "Colorado Revised Statutes § 38-30-106" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-30-106 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.