KFLCC Kingdom Law 2nd Ed.

ESTATE IN SEVERALTY

442

ESTOPPEL

grant or otherwise, out of a larger one, leav ing in the original owner an ulterior estate immediately expectant on that which is so derived; the latter interest being called the "particular estate," (as being only a small part or pdrticula of the original one,) and the ulterior interest, the "reversion." 1 Sceph. Comm. 290. See REVEBSION. ESTATE IN SEVERALTY. An estate held by a person in his own right only, with out any other person being joined or con nected with him in point of interest, during 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 spe cies of freehold estate in lands, 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 repre sent him in perpetuum, in right of blood, ac cording to a certain established order of de scent 1 Steph. Comm. 218; Litt. § 1; Nellis v. Munson, 108 N. Y. 453, 15 N. E. 739; Roulston v. Hall, 66 Ark. 305, 50 S. W. 690, 74 Am. St Rep. 97; Ipswich v. Topsfleld, 5 Mete. (Mass.) 351; Brown v. Freed, 43 Ind. 256. 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 es tate 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 es

tate having a qualification annexed to it, by which it may, upon the happening of a par ticular event, be created, or enlarged, or de stroyed. 4 Kent, Comm. 121. •—Estate upon condition expressed. An estate granted, either in fee-simple or otherwise, with an express qualification annexed, whereby the estate granted shall either commence, be enlarged, or be defeated upon performance or breach of such qualification or condition. 2 Bl. Comm. 154. An estate which is so expressly defined and limited by the words of its creation that it cannot endure for any longer time than till the contingency happens upon which the estate is to fail. 1 Steph. Comm. 278.—Estate upon condition implied. An estate having a condition annexed to it inseparably from its essence and constitution, although no condition be expressed in words. 2 Bl. Comm. 152; 4 Kent, Comm. 121. ESTATES OF THE REALM. The lords spiritual, the lords temporal, and the com mons of Great Britain. 1 Bl. Comm. 153. Sometimes called the "three estates." E S T E N D A R D, ESTENDART, or STANDARD. An ensign for horsemen in war. ESTER IN JUDGMENT. L. Fr. To ap pear before a tribunal either as plaintiff or defendant. Kelham. ESTIMATE. This word is used to ex press the mind or judgment of the speaker or writer on the particular subject under con sideration. It implies a calculation or com putation, as to estimate the gain or loss of an enterprise. People v. Clark, 37 Hun (N. Y.) 203. ESTOP. To stop, bar, or impede; to pre vent; to preclude. Co. Litt 352c See ES TOPPEL. ESTOPPEL. A bar or impediment rais ed by the law, which precludes a man from alleging or from denying a certain fact or state of facts, in consequence of his previous allegation or denial or conduct or admission, or in consequence of a final adjudication of the matter in a court of law. Demarest v. Hopper, 22 N. J. Law, 619; Martin v. Rail road Co., 83 Me. 100, 21 Atl. 740; Veeder v. Mudgett, 95 N. Y. 295; South v. Deaton, 113 Ky. 312, 68 S. W. 137; Wilkins v. Suttles, 114 N. C. 550, 19 S. E. 606. A preclusion, in law, which prevents a man from alleging or denying a fact, in con sequence of his own previous act, allegation, or denial of a contrary tenor. Steph. PL 239. An admission of so conclusive a nature that the party whom it affects is not permit ted to aver against it or offer evidence to controvert it. 2 Smith, Lead. Cas. 778. Estoppel is that which concludes and "shuts a man's mouth from speaking the truth." When a fact has been agreed on, or decided in a court of record, neither of the parties shall be allowed to call it in question, and have it tried over again at any time thereafter, so long as the judgment or decree stands unreversed; and