Blacks Law Dict. 1st ed

ESTATE IN JOINT TENANCY

436 ESTATE UPON CONDITION

ticular heirs of his body. 1 Steph. Comm. 228. An estate of inheritance by force of the statute Be Donis, limited and restrained to some particular heirs of the donee, in exclu sion of others. 2 Ciabb, Real Prop. pp. 22, 23, § 971; Cruise, Dig. tit. 2, c. 1, § 12. See TAIL; FEE-TAIL. ESTATE IN JOINT TENANCY, An estate in lands or tenements granted to two or more persons, to hold in fee-simple, fee tail, for life, for years, or at will. 2 Bl. Comm. 180; 2 Crabb, Real Prop. 937. An estate acquired by two or more peisons in the same land, by the same title, (not being a title by descent,) and at the same period; and without any limitation bywords import ing that they are to take in distinct shares. 1 Steph. Comm. 312. The most remarkable incident or consequence of this kind of estate is that it is subject to survivorship. ESTATE IN POSSESSION. An es tate whereby a present interest passes to and resides in the tenant, not depending on any subsequent circumstance or contingency. 2 Bl. Comm. 163. An estate where the ten ant is in actual pernancy, or receipt of the rents and other advantages arising therefrom. 2 Crabb, Real Prop. p. 958, § 2322. ESTATE IN REMAINDER. An es tate limited to take effect in possession, or in enjoyment, or in both, subject only to any term of years or contingent interest that may intervene, immediately after the regular ex piration of a particular estate of freehold previously created together with it, by the same instrument, out of the same subject of property. 2 Fearne, Rem. § 159; 2 Bl. Comm. 163; 1 Greenl. Cruise, Dig. 701. ESTATE IN REVERSION. A spe cies of estate in expectancy, created by opera tion of law, being the residue of an estate left in the grantor, to commence in possession after the determination of some particular estate granted out by him. 2 Bl. Comm. 175; 2 Crabb, Real Prop. p. 978, § 2345. The residue of an estate left in the grantor or his heirs, or in the heirs of a testator, commenc ing in possession on the determination of a particular estate granted or devised. 1 Rev. St. N. Y. p. 718, (723,) § 12. An estate in reversion is where any estate is derived, by grant or otherwise, out of a larger one, leav ing in the original owner an ulterior estate immediately expectant on that which is so de rived; the latter interest being called the "particular estate/' (as being only a small

part or particula of the original one,) and the ulterior interest, the "reversion." 1 Steph. Comm. 290. See REVERSION. ESTATE IN SEVERALTY. An es tate held by a person in his own right only, without any other person being joined or connected with him in point of interest, dur ing his estate. This is the most common and usual way of holding an estate. 2 Bl Comm. 179; Cruise, Dig. tit. 18, c. 1, § 1. ESTATE IN VADIO. An estate in gage or pledge. 2 Bl. Comm. 157; 1 Steph. Comm. 282. ESTATE OF FREEHOLD. An estate in land or other real property, of uncertain duration; that is, either of inheritance or which may possibly last for the life of the tenant at the least, (as distinguished from a leasehold;) and held by a free tenure, (as dis tinguished from copyhold or villeinage.) ESTATE OF INHERITANCE. A species of freehold estate in Iand3, otherwise called a "fee," where the tenant is not only entitled to enjoy the land for his own life, but where, after his death, it is cast by the law upon the persons who successively represent him in perpetuum, in right of blood, accord ing to a certain established order of descent. 1 Steph. Comm. 218; Litt. § 1; 1 Rev. St.N. Y. p. 717, (722,) § 2. ESTATE PUR AUTRE VIE. Estate for another's life. An estate in lands which a man holds for the life of another person. 2 Bl. Comm. 120; Litt. § 56. ESTATE TAIL. See ESTATE IN FEE TAIL. ESTATE TAIL, QUASI. When a ten ant for life grants his estate to a man and his heirs, as these words, though apt and proper to create an estate tail, cannot do so, because the grantor, being only tenant for life, cannot grant in perpetuum, therefore they are said to create an estate tail quasi, or improper. Brown. ESTATE UPON CONDITION. An estate in lands, the existence of which de pends 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; 1 Steph. Comm. 276; Co. Litt. 201a. An estate having a qualification annexed to it, by which it may, upon the happening of a particular event, be created, or enlarged, or destroyed. 4 Kent, Comm. 121.

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