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The Fee Tail as a Way to Shield Property from Creditors The Fee Tail as a Way to Shield Property from Creditors
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The Entail, Slaves, and Credit Markets in Virginia The Entail, Slaves, and Credit Markets in Virginia
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Barring Entails under English Law Barring Entails under English Law
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Importing the Common Recovery to the Colonies Importing the Common Recovery to the Colonies
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Removing Entails by Private Acts of the Legislature Removing Entails by Private Acts of the Legislature
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Virginia’s Protection of the Rights of Heirs Virginia’s Protection of the Rights of Heirs
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The Entail, Small Estates, and Female Owners of Slaves and Land The Entail, Small Estates, and Female Owners of Slaves and Land
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The Entail and Small Estates The Entail and Small Estates
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Female Owners in Tail Female Owners in Tail
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Georgia: The Colonial Frontier Georgia: The Colonial Frontier
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The Role of the Entail The Role of the Entail
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5 Managing Risk through Property: The Fee Tail
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Published:February 2021
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Abstract
This chapter investigates the fee tail, or entail, the principal private means by which individuals could shield wealth from creditors. In particular, it examines how the legal device of holding property in fee tail was used in some colonies as a means of designating some forms of property as outside the reach of creditors. Historical scholarship on the fee tail during the colonial period has typically looked backward from the founding era, when states' decisions to abolish the fee tail became a symbol of the power of republican ideology and its hostility to legal forms that might support an aristocracy. The chapter looks at the fee tail through a different lens: as a legal means to reduce risk. This practice had particular importance in Virginia, where the current historiography suggests that a significant amount of land was entailed at the time of the American Revolution, and thus shielded from English creditors and removed from market exchanges.
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