Blacks Law Dict. 1st ed

435

ESTATE

ESTATE IN FEE-TAIL

for somefixedand determinate period of time; as in the case where lands are let for the term of a certain number of years, agreed upon between the lessor and the lessee, and the lessee enters thereon. 1 Steph. Comm. 263, 264. Biackstone calls this estate a "con tract" for the possession of lands or tene ments for some determinate period. 2 Bl. Comm. 140. ESTATE IN COMMON. An estate in lands held by two or more persons, with in terests accruing under different titles; or ac cruing under the same title, but at different periods; or conferred by words of limitation importing that the grantees are to take in distinct shares. 1 Steph. Comm. 323. See TENANCY IN COMMON. ESTATE IN COPARCENARY. An estate which several persons hold as one heir, whether male or female. This estate has the three unities of time, title, and possession; but the interests of the coparceners may be unequal. 1 Washb. Real Prop. 414; 2 Bl. Comm. 188. See COPARCENARY. ESTATE IN DOWER. A species of life-estate which a woman is, by law, enti tled to claim on the death of her husband, in the lands and tenements of which he was seised in fee during the marriage, and which her issue, if any, might by possibility have inherited. 1 Steph. Comm. 249; 2 Bl. Comm. 129; Cruise, Dig. tit. 6; 2 Crabb, Real Prop, p. 124, § 1117; 4 Kent, Comm. 35. See DOWER. ESTATE IN EXPECTANCY. One which is not yet in possession, but the enjoy ment of which is to begin at a future time; a present or vested contingent right of future enjoyment. These are remainders and re versions. ESTATE IN FEE-SIMPLE. The es tate which a man has where lands are given to him and to his heirs absolutely without any end or limit put to his estate. 2 Bl. Comm. 106; Plowd. 557; 1 Prest. Est. 425; Litt. § 1. The word "fee," used alone, is a sufficient designation of this species of estate, and hence "simple" is not a necessary part of the title, but it is added as a means of clearly distin guishing this estate from a fee-tail or from any variety of conditional estates. ESTATE IN FEE-TAIL, generally termed an "estate tail." An estate of in heritance which a man has, to hold to him and the heirs of his body, or to him and par

considered as grouped for social, civic, or po litical purposes; as in the phrases, "the third estate," "the estates of the realm." See 1 BI. 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. 15 Me. 122. ESTATE AD REMANENTIAM. An estate in fee-simple. Glan. 1. 7, c. 1. ESTATE AT SUFFERANCE. The in terest of a tenant who has come rightfully into possession of lands by permission of the owner, and continues to occupy the same after the period for which he is entitled to hold by such permission. 1 Washb. Real Prop. 392; 2 Bl. Comm. 150; Co. Litt. 57b. ESTATE AT WILL. A species of es tate less than freehold, where lands and ten ements are let by one man to another, to have and to hold at the will of the lessor; and the tenant by force of this lease obtains pos session. 2 Bl. Comm. 145; 4 Kent, Comm. 110; Litt. § 68. Or it is where lands are let without limiting any certain and deter minate estate. 2 Crabb, Real Prop. p. 403, § 1543. ESTATE BY ELEGIT. See ELEGIT. ESTATE BY STATUTE MER CHANT. An estate whereby the creditor, under the custom of London, retained the possession of all his debtor's lands until his debts were paid. 1 Greenl. Cruise, Dig. 515. See STATUTE MERCHANT. ESTATE BY THE CURTESY. Ten ant by the curtesy of England is where a man survives a wife who was seised in fee-simple or fee-tail of lands or tenements, and has had issue male or female by her born alive and capable of inheriting the wife's estate as heir to her; in which case he will, on the decease of his wife, hold the estate during his life as tenant by the curtesy of England. 2 Crabb, Real Prop. § 1074. ESTATE FOR LIFE. A freehold es tate, not of inheritance, but which is held by the tenant for his own life or the life or lives of one or more other persons, or for an in definite period, which may endure for the life or lives of pe^sons in being, and not beyond the period of a life. 1 Washb. Real Prop. 88. ESTATE FOR YEARS. A species of estate less than freehold, where a man has an interest in lands and tenements, and a possession thereof, by virtue of such interest,

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