estate

The word 'estate,' or 'that part of my estate,' has always been construed to describe not only the land devised, but the whole interest of the testator in the subject of the devise; thus, a devise of 'my estate, consisting of thirty acres of land, situate, &c.,' will carry a fee.

1. The interest which any one has in lands or in any other subject of property. 1 Prest. Est. 20. And see Van Rensselaer v. Poucher, 5 Denio (N. Y.) 40; Beall v. Holmes, 6 Har. & J. (Md.) 208; Mul-ford v. Le Franc, 26 Cal. 103; Robertson v. VanCleave, 129 Ind. 217, 22 N. E. 899, 29 N. E. 781, 15 In R. A. 68; Ball v. Chadwick, 46 III. 31; Cutts v. Co.m., 2 Mass. 289; Jackson v. Parker, 9 Cow. (N. Y.) 81. An estate in lands, tenements, and hereditaments signifies such interest as the tenant has therein. 2 Bl. Comm. 103. The condition or circumstance in which the owner stands with regard to his property. 2 Crabb, Real Prop, p. 2, § 942.

In this sense, "estate" is constantly used in conveyances in connection with the words "right," "title," and "interest," and is, in a great degree, synonymous with all of them. See Co. Litt. 345. Classification. Estates, in this sense, may be either absolute or conditional. An absolute estate is a full and complete estate (Cooper v. Cooper, 56 N. J. Eq. 48, 38 Atl. 198) or an estate in lands not subject to be defeated upon any condition. In this phrase the word "absolute" is not used legally to distinguish a fee from a life-estate, but a qualified or conditional fee from a fee simple. Greenawalt v. Green-awalt, 71 Pa. 483. A conditional estate is one, the existence of which depends upon the happening or not happening of some uncertain event, whereby the estate may be either originally created, or enlarged, or finally defeated. 2 Bl. Comm. 151. Estates are also classed as executed or executory. The former is an estate whereby a present interest passes to and resides in the tenant, not dependent upon any subsequent circumstance or contingency. They are more commonly called "estates in possession." 2 Bl. Comm. 162. An estate where there is vested in the grantee a present and immediate right of present or future enjoyment. An executory estate is an estate or interest in lands, the vesting or enjoyment of which depends upon some future contingency. Such estate may be an executory devise, or an executory remainder, which is the same as a contingent remainder, because no present interest passes. Further, estates may be legal or equitable. The former is that kind of estate which is properly cognizable in the couris of common law, though noticed, also, in the courts of equity. 1 Steph. Comm. 217. And see Sayre v. Mohney, 30 Or. 238, 47 Pac. 107 ; In re Qualifications of Electors, 19 In I. 387, 35 Atl. 213. An equitable estate is an estate an interest in which can only be enforced in a court of chancery. Avery v. Dufrees, 9 Ohio, 145. That is properly an equitable estate or interest for which a court of equity affords the only remedy; and of this nature, especially, is the benefit of every trust, express or implied, which is not converted into a legal estate by the statute of uses. The rest are equities of redemption, constructive trusts, and all equitable charges. Burt. Comp. c.
8. Brown v. Freed, 43 Ind. 253 ; In re Qualifications of Ejectors, 19 R. I. 387, 35 Atl. 213. Other descriptive and compound terms. A contingent estate is one which depends for its effect upon an event which may or may not happen, as, where an estate is limited to a person not yet bom. Conventional estates are those freeholds not of inheritance or estates for life, which are created by the express acts of the parties, in contradistinction to those which are legal and arise from the operation of law. A dominant estate, in the law of easements, is the estate for the benefit of which the easement exists, or the tenement whose owner, as such, enjoys an easement over an adjoining estate. An expectant estate is one which is not yet in possession, but the enjoyment of which is to begin at a future time; a present or vested contingent right of future enjoyment. Examples are remainders and reversions. A future estate is an estate which is not now vested in the grantee, but is to commence in possession at some future time. It includes remainders, reversions, and estates limited to commence in futuro without a particular estate to support them, which last are not good at common law, except in the case of chattel interests. See 2 Bl. Comm. 165. An estate limited to commence in possession at a future day, either without the intervention of a precedent estate, or on the determination by lapse of time, or otherwise, of a precedent estate created at the same time. 11 Rev. St. N. Y. J3d Ed.) §
10. See Griffin v. Shepard, 124 N. Y. 70, 26 N. E. 339; Sable-dowsky v. Arbuckle, 50 Minn. 475, 52 N. W. 920; Ford v. Ford, 70 Wis. 19, 33 N. W. 188, 5 Am. St. Rep. 117. A particular estate is a limited estate which is taken out of the fee, and which precedes a remainder; as an estate for years to A., remainder to B. for life; or an estate for life to A., remainder to B. in tail. This precedent estate is calied the "particular estate," and the tenant of such estate is calied the "particular tenant." 2 Bl. Comm. 165; Bunting v. Speek, 41 Kan. 424, 21 Pac. 288, 3 h R, A. 690. A servient estate, in the law of easements, is the estate upon which the easement is imposed or against which it is enjoyed ; an estate subjected to a burden or servitude for the benefit of another estate. Walker v. Clifford, 128 Ain. 67, 29 South. 588, 86 Am. St. Rep. 74; Stevens v. Dennett, 51 N. H. 330; Di liman v. Hoffman, 38 Wis. 572. A settled estate, in English law, is one created or limited under a settlement; that is, one in which the powers of alienation, devising, and transmission according to the ordinary rules of descent are restrained by the limitations of the settlement. Mickiethwait v. Micklethwnit, 4 C. B. (N. St) 858. A vested estate is one in which there is an immediate right of present enjoyment or a present fixed right of future enjoyment; an estate as to which there is a person in being who would have an immediate right to the possession upon the ceasing of some intermediate or precedent estate. Tayloe v. Gould, 10 Barb. (N. Y.) 388; Flanner v. Fellows, 206 111. 136, 68 N. B. 1057.

— Original and derivative estates. An original is the first of several estates, bearing to each other the relation of a particular estate and a reversion. An original estate is contrasted with a derivative estate; and a derivative estate is a particular interest carved out of another estate of larger extent. Prest. Est. 125. For the names and definitions of the various kinds of estates in land, see the following titles.
2. In another sense, the term denotes the property (reni or personal) in which one has a right or interest; the subject-matter of ownership; the corpus of property. Thus, we speak of a "valuable estate," "all my estate," "separate estate," "trust estate," etc. This, also, is its meaning in the classification of property into "real estate" and "personal estate." The word "estate" is a word of the greatest extension, and comprehends every species of property, real and personal. It describes both the corpus and the extent of interest. Deering v. Tucker, 55 Me. 284. "Estate" comprehends everything a man owns, real and personal, and ought not to be limited in its construction, unless connected with some other word which must necessarily have that effect. Pulliam v. Pulliam (C. Ct) 10 Fed. 40. , It means, ordinarily, the whole of the property owned by any one, the realty as well as the personalty. Hunter v. Husted, 45 N. C. 141. Compound and descriptive terms.

— Fast estate. Real property. A term sometimes used in wills. Lewis v. Smith, 9 N. Y. 502, 61 Am. Dec. 706.

— Real estate. Landed property, including ali estates and interests in lands which are held for life or for some greater estate, and whether such lands be of freehold or copyhold tenure. Wharton.

— Homestead estate. See Homestead.

— Movable estate. See Movable.

— Residnary estate. See Residuary.

— Separate estate. See Separate.

— Trust estate. See Trust.
3. In a wider sense, the term "estate" denotes a man's whole financial status or condition,—the aggregate of his interests and concerns, so far as regards his situation with reference to wealth or its objects, including debts and obligations, as well as possessions and rights. Here not only property, but indebtedness, is part of the idea. The estate does not consist of the assets only. If it did, such expressions as "insolvent estate" would be misnomers. Debts and assets, taken together, constitute the estate. It is only by regaining the demands against the original proprietor as constituting, together with his resources available to defray them, one entirety, that the phraseology of the law governing what ls called "settlement of estates" can be justified. Abbott. 4. The word is also used to denote the aggregate of a man's financial concerns (as abave) personified. Thus, we speak of "debts due the estote," or say that "A.'s estate is a stockholder in the bank." In this sense it is a fictitious or juridical person, the idea being that a man's business status continues his existence, for its special purposes, untll its final settlement and dissolution. 5. In its broadest sense, "estate" signifies the social, civic, or political condition or standing of a person ; or a class of persons considered as grouped for social, civic, or political purposes; as in the phrases, "the third estate," "the estates of the realm." See 1 BL Comm. 153. "Estate'' and "degree," when used in the sense of an individual's personal status, are synonymous, and indicate the individual's rank in life. State v. Bishop, 15 Me. 122.

An interest in lands, or in any other subject property in which one has an interest, — technically condition in life, status. Estate at sufferance: tenant has where he is allowed to hold over after at will: an estate less than freehold, terminable lessor. Estate by elegit: v. Elegit. Estate by V. Statute merchant. Estate by the curtesy: for life: a freehold estate, not of inheritance, hold for the term of his own life, or for the life lives of others. Estate for years: an estate less a man has an interest and a possession by virtue some fixed period of time. Estate from year under a lease for a year which will arise at the another like teon where neither of the parties ing. Estate in common: an estate in lands held with interests accruing under different titles, title at different periods, or conferred by words porting that the grantees are to take in distinct in coparcenary: v. Coparcenary. Estate in Estate in expectancy: an estate where the right the profits is postponed to some future period. -V. Fee. Estate in fee-tail: v. Fee-tail. Estate V. Joint tenancy. Estate in possession: an which there is a present right of entry and remainder: v. Remainder. Estate in reversion: Estate in severalty: v. Severalty. Estate in oportet otiam si licet); there is something [are thougti it be lawful; to be done. Est bopi duty] of a good judge Est ipsorum le^isrerbis legem imponi* legislators themselves individual]; we imor ordain as a law; ordained. Establjr: or statute; an esestablishment or ordidower on a woman by of property; the called the corpus; an estate which a his term. Estate at the will of the statute merchant: v. Curtesy. Estate which a man has, to of another or the than freehold, where of such interest, for to year: an estate end of the term for terminates the lioldby several persons or under the same of limitation imshares. Estate dower: v. Dower. to tlis pernancy of Estate in fee-simplet in joint tenancy: estate in virtue of enjoyment Estate In v. Reversion. vadio: an estate in otherwise called a fee. v. Fee. Estate pnr antre vie: an estate for another's life. Estate upon coudition: v. Condition.

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.

1. An interest or condition of life. curtesy, dower, of To fall; to happen; to escheat. Scotland. Felons esoriea: notorious felons. writing; a written instrument. deed; v. Delivery. A deed delivered to a to hand it to the grantee when he perfornjs condition is fulfilled. the shield.) A kind of knight's service was bound to follow his lord into wars at his a certain money commutation was paid incertain, v. Scutage. /. To ship. Eskippamentuin, I. -. "E&W&oxi: ^i. Misors. remove; eloign; adjourn. of the eldest, v. Enitia pars. of land, including all crops, rents, issues, Woodland turned into tillage. In esse: in being. Essendum: being. theolonio. v. De essendo. The essential parts of a ti-ansaotion. excuse for not appearing in court in answer an essoin: to essoin, to allege an excuse. first day of the term, on which the court sat There were several essoigns; as the essoign /., de service del xoy,fr., that the party King's service; de terra sancta, de terre Palestine; de ultra mare, de outre mer, de infirmitate or de malo lecti, de mal de malo veniendi, de mal de venue, that accident in coming. is. Est k sgavoir: it is to be understood, to judicis ampliare jurisdictionem: it is [the to enlarge [construe liberally] his jurisdiction. in land. 2. Property in general. 3. Status, Estate in common, coparcenary; by elegit; executory, equitable, legal; in fee; condition those titles. Estate for life: a freehold interest, not of inheritance, which a man has for his own Hfe, or for the life of another or others. If the latter, it is an estate pur auter vie. Estate in possession: where there is a right of present entry and enjoyment. Estate in remainder, reversion, severalty: see those titles. Estates of the realm: in England, the lords spiritual, the lords temporal, and the commons. Estate by statute merchant, statute staple, estate tail, tail special, etc.; see those titles. Estate for years: an interest, less than a freehold, for a fixed or determinable time. Estate at ■will: an interest less than freehold, which may be ended at the will of the lessor. Estate at sufferance: where a tenant is allowed to hold over after his term. Estate from year to year: a lease for a year, which, unless terminated by the lessor or lessee, will arise anew by implication, at the end of the year, for another year. Estate in vadio: in gage or pledge. Ester in jugement,/r. To appear in' court as a party. Eate./r. 1. Summer. 3. Been, from Ester, etre, to be.

This word has several meanings; 1, in its most extenmay consist, and includes personal and real property; hence we say personal estate, real estate. 8 Ves. 604. 2.Inits more limited sense the word estate is applied to lands. An estate in land means such an anterest as the tenant has therein. In latin it is called status, because it signifies the condition or circumstance in which the owner stands with regard to his property. To ascertain this with precision and accuracy, estates in lands may be considered ina threefold view; first, with regard to the quantity of interest which the tenant has in his tenement; secondly, with regard to the time at which that quantity of interest is to’ be enjoyed; thirdly, with regard to the number and connexion of the tenants. I. The quantity of interest which ‘the tenant has in his tenement is measured by its duration and extent; this occasions the first division of estates into such as are of freehold, and such as are less than freehold. 1. Freehold estates are of inheritance and not of inheritance. Ist. Estates of inheritance, are absolute, as fee simple; and limited, which are qualified, as where an estate is granted to A B, tenant of the manor of Dale; or conditional, as fee tail, and the like. 2d. Freehold estates not of inheritance, are estates for life. These are either conventional, or such as are created by deed:.or legal, which arise by operation of law. The estates of tenant in tail after the possibility of issue extinct, tenant by the curtesy, and tenant in dower, are of this description. 2. Estates less than freehold: These are estates for years, estates at will, and estates by suffrance. Both estates of freehold and less than freehold may be, 1, equitable, namely, to the use, orin trust; 2, upon II. The time of their enjoyment. Estates are either in possession, or expectancy; the latter are either remainders, created by the act of the parties, which are vested or contingent; or reversions created by act of law.