Fee simple grant “to A and his heirs and assigns forever” does not convey any property rights to the “heirs” or “assigns”

In an elementary explanation of a doctrine familiar to almost all first year law students, the Fifth Circuit (applying Texas law) reaffirmed that the words “and his heirs” in a deed are “words of limitation” meant to define the estate as a fee simple absolute rather than “words of purchase” which would vest a future interest in the heirs. Brown v. Carrington, 2025 WL 3172647 (5th Cir. 2025). While the wording added “and assigns forever,” the court held that this is not sufficient to alter the rule based on the presumption against forfeitures that a conveyance does not create a future interest unless the language purporting to do so is clear and cannot be interpreted any other way. The wording here used the magic phrase “and his heirs” so the language that followed should be interpreted in the same vein as words of limitation, not words of purchase.