Property Ownership

A Texas property owner conveys land by warranty deed 'to John Smith and his heirs.' Under modern law, this language creates:

AA life estate for John Smith only
BA fee simple absolute, as 'and his heirs' is no longer required but indicates full ownership✓ Correct
CA fee simple conditional requiring John to have heirs
DA joint tenancy between John and his children

Explanation

At common law, 'and his heirs' was required to convey fee simple. Under modern Texas law and the statute of conveyances, a deed to an individual conveys fee simple unless otherwise limited. The phrase 'and his heirs' confirms but is not required for fee simple.

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