Blacks Law Dict. 1st ed

484

ESTABLISH

ESTATE

"right," "title," and "interest," and Is, in a great degree, synonymous with all of them. See Co. Litt. 345. "Estate in land "means the kind and quantum of one's interest therein. The term is susceptible of every possible variation in which man can be related to the soil. 2 Mass. 284. "Estate" is a very comprehensive word, and sig nifies the quantity of interest which a person has, from absolute ownership down to naked posses sion ; and the quantity of interest is determined by the duration and extent of the right of posses sion. 9 Cow. 78, 81. 2. In another sense, the term denotes the property (real 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 es tate," "separate estate," "trust estate," etc. This, also, is its meaning in the classifica tion of property into "real estate" and "per sonal estate." The word "estate" is a word of the greatest ex tension, and comprehends every species of prop erty, real and personal. It describes both the corpus and the extent of interest. 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. Cam. & N. 202. It means, ordinarily, the whole of the property owned by any one, the realty as well as the per sonalty. Busb. Eq. 141. 3. In a wider sense, the term "estate" de notes a man's whole financial status or con dition,—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 as sets only. If it did, such expressions as "insolvent estate" would be misnomers. Debts and assets, taken together, constitute the estate. It is only by regarding the demands against the original pro prietor as constituting, together with his resources available to defray them, one entirety, that the phraseology of the law governing what is called "settlement of estates" can be justified. Abbott. 4. The word is also used to denote the ag gregate of a man's financial concerns (as above) personified. Thus, we speak of "debts due the estate," or say that "A.'s es tate 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 con tinues his existence, for its special purposes, until 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

States, and it is there used in different mean ings: (1) To settle firmly, to fix unalter ably; as to establish justice, which is the avowed object of the constitution. (2) To make or form; as to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, which evidently does not mean that these laws shall be unal terably established as justice. (3) To found, to create, to regulate; as: "Congress shall have power to establish post-roads and post offices. " (4) To found, recognize, confirm, or admit; as: "Congress shall make no law re specting an establishment of religion." (5) To create, to ratify, or confirm; as: "We, the people," etc., "do ordain and establish this constitution." 1 Story, Const. § 454. Establish ordinarily means to settle certainly, or fix permanently, what was before uncertain, doubt ful, or disputed 49 N H. 230. ESTABLISHMENT. An ordinance or statute. Especially used of those ordinances or statutes passed in the reign of Edw. L 2 Inst. 156; Britt. c. 21. ESTABLISHMENT OP DOWER. The assurance of dower made by the husband, or his friends, before or at the time of the marriage. Britt. cc. 102, 103. ESTACHE. A bridge or stank of stone or timber. Cowell. ESTADAL. In Spanish law. In Spanish America this was a measure of land of six teen square varas, or yards. 2 White, Recop. 139. ESTADIA. In Spanish law. Delay in a voyage, or in the delivery of cargo, caused by the charterer or consignee, for which de murrage is payable. ESTANDARD. L. Fr. A standard, (of weights and measures.) So called because it stands constant and immovable, and hath all other measures coming towards it for their ionformity. Termes de la Ley. ESTANQUES. Wears or kiddles in ESTATE. 1. The interest which any one has in lands, or in any other subject of prop erty. 1 Prest. Est. 20. 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

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