Estate tail becomes fee simple; effect of gift over after attempted estate tail

700.08 Estate tail becomes fee simple; effect of gift over after attempted estate tail. The use of language in an instrument appropriate to create a present or future interest in fee tail, such as to a named person “and the heirs of his body” or “and the heirs of her body” or “and his issue” or “and her issue”, creates a present or future interest in fee simple. If the same instrument attempts to create a future interest after the interest that is made a fee simple by reason of this section, the future interest is valid. History: 1993 a. 486; 1999 a. 85.