Page:Black's Law Dictionary (Second Edition).djvu/449

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the tenant for his own life or the life or lives of one or more other persons, or for an indefinite period, which may endure for the life or lives of persons in being, and not beyond the period of a life. 1 Washb. Real Prop. 88.

ESTATE FOR YEARS. A species of estate less than ireehold, “here a man has an interest in lands and tenements, and ti possession thereof, by virtue of such Lnterest, for some fixed and determinate period of time; as in the case where lands are let for the term of a certain number of years, agreed upon between the lessor and the lessee, and the lessee enters thereon. 1 Steph. Comm. 203, 201 Biiickstone calls this estate a “contrnct" for the possession of lands or tenements for some determinate period. 2 Bl. Comm. 140. See Hntcheson v. Hodnett, 115 Ga. 990. 42 S. E. -112; Despard v. Churchill, 53 N. Y. 192: Brown v. Bragg, 22 Ind. 125.

ESTATE IN COMMON. An estate in lands held by two or male persons, with interests accruing under different titles: or aecruing under the same title, but at different periods; or conferred by words of limitation importing that the izrantces are to Lake in distinct shares. 1 Steph Comm. 323. See TENANC1‘ IN Coiimoiv.

ESTATE IN COPAILCENARY. An estste which severai persons hold as one heir, whether male or female. This estate has the three unitles of time, title, and possession; but the interests of the caparceners may be unequal. 1 Washb. Real Prop. 414; 2 Bl. Comm. 1S8. See COPARCENABY.

ESTATE IN DOWER. A species of life- estate which :1 woman is, by law, entitled to claim on the death of her husband, in the innds and tenements of which he was seiseii in fee during the marriage, and which her issue, if any, might by possibility have inherited. 1 Steph. Comm. ‘.249; 2 Bl. Comm. 12”‘); Cruise. Dig. tit. 6; 2 Crabb, Real Prop.

p. 12-1, § 1117: 4 Kent, Comm. 3:‘). See Downs. ESTATE IN EXPEGTANCY. One

which is not yet in possession, lint the enjoy- ment of which is to begin at a future time; a present or ‘tested contingent right of future enjoyment. These are remainders and re versions. Fenton v. Mliler. 108 Mich. 246, 65 N. W. 966; In re Mericin, ()3 How. Prac. (N. Y.) (36; Greyston v. Clark, 41 Hun (N. Y.) 130; Ayers v Trust Co., 187 Ill. 4-2, 58 N. E. 318.

ESTATE IN FEE-SIMPLE. The estats which a man has where lands are given to him and to his heirs absolutely without any end or limit put to his estate. 2 131. com. 106; Plowd. 537; 1 Prest Est. 425; Lltt. I 1. The word "fee," used alone, is a sutii-



eient 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 feetail or from any variety of eunditionai estates.

ESTATE IN FEE-TAIL. generally tern)- ed an "estate Lail." An estate of inherit- ance which a man has, to hoid to him and the heirs of his body, or to him and partiuiiar heirs of his body. 1 Stepii. Comm 228. An estate of inheritance by force of the statute Dc Dome, iimited and restrained to some particular heirs of the donee, in exclusion of

others. 2 Crabb, Real Pmp. pp. , § 071; Cruise, Dig. tit. 2, c. 1, § 12. See TAIL: FEE-TAIL.


tate in lands or tenements granted to two or more persons, to hold in tee~sin1ple, feetail, for life, for years, or at will. 2 B1. Comm. 180; 2 Crabb, Real Prop. 937, an estate acquired by two or more persons in the same land, by me same title. (not being a title by descent.) and at the same period; and without any limitation by ’WOi.'llS importing that they are to tike in distinct shares. 1 Steph. Comm. 312. The most reniarhaiiie incident or consequence of this kind of estate is that it is subject to surilvorship.

ESTATE IN POSSESSION. An estate whereiiy a present interest passes to and resides in the tenant, not depending on any subsequent circumstance or contingency. 2 Bl. Comm. 1&5. An estate where the tenant is in actual pernancy, or receipt of the rents and other advantages ling therefrom. 2 Crabb, Re il Prop. p. 958. § _’. Eiierts 1'. Fisher. 4-; Mich. 551, 7 N. W 11', Sage v. Wheeler, 3 App. Div 33, 37 N. Y. Supp. 1107.

ESTATE IN REMAINDER. An estate limited to take effect in possession, or in erijoynient, or in both. subject only to any term of years or contingent interest that may intervene. immediately after the reilhiur expiration of a particular estate of freshold previously created together with it iry the same instrument, out of the same subject of property. 2 Feamie, Item. § 159; 2 Bl. Comm 163; 1 G1-eenl Cruise, Dig. 701.

ESTATE IN REVERSION. A species of estate in expectancy, created by operation of law, being the resldiie of an estate left in the grantor. to commence in possession after the deterniination of some partiulinr estate granted out by him. 2 Bl. Comm. 175; 2 Crabb, Real Prop. 1). 978. § 2345, the residue of an estate left in the grantor or his heiis, or in me heirs of a testator, eaniiiienctug in possession on the determination of a particular estate granted or devised. 1 Rev. St. N. Y. p. 713. (721) § 12. An estate in reieision is where any estate is derii ed, by