Estate

i 1.

Standing: condition, category, state, status.

2.

Position; rank in life; degree: as, an addition of estate.

2 See Addition, 3; Necessaries.

Estates of the realm. The three branches of the English legislature: the lords spiritual, the lords temporal, and the commons.^ 3. (1) (Subjective idea.). Estate in lands, tenements, and hereditaments: such interest as the tenant has therein.* In Latin status, the condition or circumstances in which the owner stands with regard to his property.* Does not import a fee or even «, freehold, but any legal interest in land.** The quantity of interest which a person has, from absolute ownership down to naked possession. 6 The condition, in respect to property, of an individual: as, in speaking of the estate of an insolvent or of a deceased person. Here, indebtedness, as well as ownership, is part of the idea. Debts and assets together constitute the estate; if an estate consisted of assets only, the expression insolvent estate would be a misnomer.' (3) (Objective idea.) The thihg itself of which one is owner; any species of property, real or personal. Equivalent'' to the more technical.expression, " things real and things personal." More specifically, realty, land, "landed estate." ^ Sometimes excludes realty; sometimes is a word of mere local description, as, " my estate at" such a place. But when it can be construed to intend all one's realty it carries a fee, as, in devises.* Unless limited by some special epithet or some association, construed to mean all one's property; but "real" or "personal" puts the matter beyond cavil.'"

1 F. estat: L. statits; stare, to stand. ! State V. Bishop, 15 Me'. 121 (1838). s See 1 Bl. Com. 163, 157. * 2 Bl. Com. 103; 66 Ga. 711; 2 WaU. 500.

5 Inhabitants of Sunbury v. Inhabitants of Stow, 13 Mass. *464 (1816). 'Jackson v. Parker, 9 Cow. 81 (1828), Savsige, C. J.; Moody V. Farr, 33 Miss. 195 (1857). 'See Abbott's Law Diet., Estate, 4; Davis v. Elkins, 9 La. 142 (1835). e See Sellers v. Sellers, 35 Ala. 241 (1859). ' See Bates v. Sparrell, 10 Mass. 324 (1813); (Jodfrey V. Humphrey, 18 Pick. 539 (1837); Leland v. Adams, » Gray, 175 (1857), cases; Canedy v. Jones, 19 S. C. 301 (1882). "> Hooper v. Hooper, 9 Cush. 128 (1851); Archer v. Deneale, 1 Pet. 589 (1828); Cook v. Lanning, 40 N. J. E. 372 (1885). See alsoS Cranch, 97; 2 MacA. 70; 2 Cranch, C. C. 640; 16 Conn. 1; 46 111. 32; 55 Me. 287; 32 Miss. 107; An estate may be viewed: I. As to the quantity ot interest,— measured by the duration and extent; and is 1, freehold: which is (a) for the lite of the tenant, or (6) of inheritance — absolute or fee-simple, and limited or fee-tail; 2, not o£ freehold: which is (a) for a term of years, (6) at will, (c) at sufferance; 3, upon condition, (a) expressed, or implied, (b) in pledge — mortgage, (c) by statute merchant or staple, (d) by elegit. n. As to the time the interest is to be enjoyed. This is; 1, in immediate possession; and 2, in the future, or in expectancy — (a) a remainder, preceded by a particular estate, (6) a reversion, preceded by a remainder, and executed or vested, or executory and contingent, and Cc) an executory devise. m. As to the number and connections of the tenants. An estate is held 1, in severalty, 2, in Joint-tenancy, 3, in coparcenary, 4, in common.^ IV. As to the tribunal in which that interest or right will be recognized and enforced. When that is a court of law, the estate is legal; when a court of equity, equitable. Otherwise the same rules apply to these estates: they are alike descendible, devisable, and alienable.''

See Condition; Copahcenart; Curtesy; Descent; Dower; Entirety; Execution, 3; Fast, 1; Fee, 1; Freehold; Life; Merger, 1; Perpetuity, 2; Privy, 2; Property; Remainder; Reversion; Separate, 2: Severalty; Staple; Sufferance; Tail; Tenant; Trust, 1; Vest; Use, 2; Years, Estate for.