Anderson v. Webb

In the present ease the Majority is holding that the Legislature in 1957 could validly effectuate a change in a deed that had been executed in 1943; and I cannot agree that such retroactive legislation is valid.

I have very little sympathy with estates tail, and I think it would be wise legislation to hold that in deeds executed after the adoption of such legislation the first taker took the fee simple. Some states have adopted such statutes. This is all discussed in detail in 19 Am. Jnr. p. 506 et seq., “Estates,” § 46 et seq. Particularly, I call attention to the following in § 55 of the…