The casebook (bottom of page 301 to 302) gives you a picture of how modern jurisdictions treat conveyances "to A and the heirs of his body."
As Moynihan puts it, a majority of the 50 states have enacted a statute (such as in Nebraska) that "converts what would have been a fee tail at common law into a fee simple. Thus, if O, the owner of Blackacre in fee simple, conveys Blackacre 'to B and the heirs of his body,' B has a fee simple."
The Restatement (Third) of Property takes the position that "the fee tail estate is not recognized in American law." --Moynihan book.
Interestingly, South Carolina appears to recognize the Fee Simple Conditional because it does not recognize the statute de donis as being in force in South Carolina. Thus, in South Carolina a conveyance "to Duncan and the heirs of his body" creates a Fee Simple Conditional in Duncan. Source: Moynihan Book.
For purposes of the exam [I know you worry about that] just be aware of statutes like the Nebraska statute mentioned above and as we have discussed it in class and on the blog.
