Lost

Once the fee became alienable, the feudal realities behind a conveyance to A "and his heirs" became meaningless. This transformation is vividly illustrated in connection with escheat. Suppose that L conveys land "to A and his heirs" and subsequently A conveys the land "to B and his heirs." Then A dies without heirs. Will the land escheat to L? Soon after Quia Emptores the judges answered no; the land will escheat only if the current tenant of the fee dies without heirs. Thus the fee, which started out a simply a holding, became an alienable fee simple, a freehold estate not terminable at the will of the lord. with an existence all its own.

- Future Interests, Property