KFLCC Kingdom Law 2nd Ed.

440

ESTATE FOR LIFE

ESTATE

original proprietor 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 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, 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 considered as grouped for social, civic, or po litical 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 synony mous, and indicate the individual's rank in life. State v. Bishop, 15 Me. 122. 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. 576. ESTATE AT WIIX. 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 determinate estate. 2 Crabb, Real Prop. p. 403, § 1543. ESTATE BY STATUTE MERCHANT. 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 STAT UTE MERCHANT. ESTATE BY THE CURTESY. Tenant 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, i 1074. ESTATE BY ELEGIT. See ELEGIT. ESTATE AD REMANENTIAM. estate in fee-simple. Glan. L 7, c 1. An

an estate subjected to a burden or servitude for the benefit of another estate. Walker v. Clifford, 128 Ala. 67, 29 South. 588, 86 Am. St. Rep. 74; Stevens v. Dennett, 51 N. H. 330; Dillman v. Hoffman, 38 Wis. 572. A aettled 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. Micklethwait v. Micklethwait, 4 O. B. (N. S.) 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 es tate as to which there is a person in being who would have an immediate right to the posses sion 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 contrast ed with a derivative estate; and a derivative estate is a particular interest carved out of an other estate of larger extent. Prest Est 125. For the names and definitions of the vari ous kinds of estates In land, see the fol lowing titles. 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 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 ef fect. Pulliam v. Pulliam (O. C.) 10 Fed. 40. , It means, ordinarily, the whole of the proper ty 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 proper ty, including all estates and interests in lands which are held for life or for some greater es tate, and whether such lands be of freehold or copyhold tenure. Wharton.—Homestead es t a t e . See HOMESTEAD.—Movable estate. See MOVABLE.—Residuary estate. See RE SIDUARY.—Separate estate. See SEPARATE. —Trust estate. See TRUST. 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 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 regarding the demands against the

ESTATE FOR LIFE. A freehold es tate, not of inheritance, but which is held by