KFLCC Kingdom Law 2nd Ed.

439

ESTABLISH

ESTATE

the people," etc., "do ordain and establish this constitution." 1 Story, Const. § 454. And see Dickey v. Turnpike Co., 7 Dana (Ky.) 125; Ware v. U. S., 4 Wall. 632, 18 L. Ed. 380; U. S. v. Smith, 4 N. J. Law, 33. Establish ordinarily means to settle certain ly, or fix permanently, what was before uncer tain, doubtful, or disputed. Smith v. Forrest, 49 N. H. 230. An ordinance or statute. Especially used of those ordinances or statutes passed in the reign of Edw. I. 2 Inst. 156; Britt c 21. 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, Re cop. 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 conformity. Termes de la Ley. 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. D. 899, 29 N. E. 781, 15 L. R. A. 68; Ball v. Chadwick, 46 111. 31; Cutts v. Com., 2 Mass. 289; Jack son v. Parker, 9 Cow. (N. Y.) 81. An estate in lands, tenements, and hereditaments sig nifies such interest as the tenant has there in. 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 con stantly used in conveyances in connection with the words "right," "title," and "inter est," 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 es tate in lands not subject to be defeated upon any condition. In this phrase the word "abso lute" is not used legally to distinguish a fee from a life-estate, but a qualified or conditional ESTABLISHMENT. ESTABLISHMENT OF DOWER. ESTANQUES. Wears or kiddles in riv ers. ESTATE.

fee from a fee simple. Greenawalt v. Green await, 71 Pa. 483. A conditional estate is one, the existence of which depends upon the hap pening or not happening of some uncertain event, whereby the estate may be either original ly created, or enlarged, or finally defeated. 2 Bl. Comm. 151. Estates are also classed as ex ecuted or executory. The former is an estate whereby a present interest passes to and resides in the tenant, not dependent upon any subse quent 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 execu tory 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 demse, or an executory remain der, which is the same as a contingent remain der, because no present interest passes. Fur ther, estates may be legal or equitable. The former is that kind of estate which is properly cognizable in the courts 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. 197; In re Qualifications of Elect ors, 19 R. 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 Qualifica tions of Electors, 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 per son not yet born. 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 con tingent right of future enjoyment. Examples a,re 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, re versions, 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 called the "particular estate," and the tenant of such estate is called the "particular tenant." 2 Bl. Comm. 165; Bunting v. Speek, 41 Kan. 424, 21 Pac. 288, 3 L. R. A. 690. A servient estate, in the law of easements, is the estate upon which the ease ment is imposed or against which it is enjoyed;