KFLCC Kingdom Law 2nd Ed.

ESTATE FOR YEARS

441

ESTATE IN REVERSION

cient 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 distinguishing this estate from a fee tail or from any variety of conditional es tates. ESTATE IN FEE-TAIL, generally term ed an "estate tail." An estate of inherit ance which a man has, to hold to him and the heirs of his body, or to him and particular heirs of his body. 1 Steph. Comm. 228. An estate of inheritance by force of the statute De Donis, limited and restrained to some particular heirs of the donee, in exclusion of others. 2 Crabb, Real Prop. pp. 22, 23, § 971; Cruise, Dig. tit 2, c 1, § 12. See TAIL; FEE-TAIL. ESTATE IN JOINT TENANCY. An es tate in lands or tenements granted to two or more persons, to hold in fee-simple, fee tail, for life, for years, or at W>11. 2 Bl. Comm. 180; 2 Crabb, Real Prop. 937. An estate acquired by two or more persons in the same land, by the same title, (not being a title by descent,) and at the same period; and without any limitation by words 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 estate 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. Eberts v. Fisher, 44 Mich. 551, 7 N. W, 211; Sage v. Wheeler, 3 App. Div. 38, 37 N. Y. Supp. 1107. An estate 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 species 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 ESTATE IN REMAINDER.

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 persons in being, and not be yond the period of a life. 1 Washb. Real Prop. 88. ESTATE FOB YEARS. A species of es tate less than freehold, where a man has an Interest in lands and tenements, and a possession thereof, by virtue of such interest, for some fixed and determinate period of time; as in the case where lands are let for ihe 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. Blackstone calls this estate a "con tract" for the possession of lands or tene ments/ for some determinate period. 2 Bl. Comm. 140. See Hutcheson v. Hodnett, 115 Ga. 990, 42 S. E. 422; Despard v. Churchill, 53 N. Y. 192; Brown v. Bragg, 22 Ind. 125. 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 es tate 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, entitled 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 in herited. 1 Steph. Comm. 249; 2 Bl. Comm. 129; Cruise, Dig. tit. 6; 2 Crabb, Real Prop, p. 124, § 1117; 4 Kent, Comm. 35. See DO WEB. 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. Fenton v. Miller, 108 Mich. 246, 65 N. W. 966; In re Mericlo, 63 How. Prac. (N. Y.) 66; Greyston v. Clark, 41 Hun (N. Y.) 130; Ayers v. Trust Co., 187 111. 42, 58 N. E. 318. ESTATE IN FEE-SIMPLE. The estate 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. f 1. The word "fee," used alone, is a sufll ESTATE IN EXPECTANCY.