Page:Black's Law Dictionary (Second Edition).djvu/450

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ESTATE IN SEVERALTY

grant or otherwise, out of a larger one, leaving in the original owner an ulterior estate immediately expectant on that which is so derived; the latter interest being called the "particuiar estate," (as being only a small part or pizrticiila of the original one,) and the ulterior interest, the "reversion." 1 Stcph. Comm M. See REVERSION.

ESTATE IN SEVERALTY. An estate held by it person in his own right only, without any other person being joined or connected 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. Ah estate in gage or pledge. 2 Bl. Comm. 157; 1 Steph. Comm. 282.

ESTATE OF FREE]-IOLD. Au 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 s leasehold ;) and held by :1 free tenure, (as distinguished from copyhold or vilieinage.)

ESTATE 02!‘ INHERITANCE. A species of freehold estate in lands, otherwise Called ti "fee," where the tenant is not only entitled to enjoy the innd for his own life, but where, after his death. it is cast by the law upon the persons who successively represent hi.in in pcrpetuum. in right of blood, according to o certain established order of descent. 1 Stcph. Comm. 218; Litt. 5 1; Nellis v. Manson, 108 N. Y. 453, 15 N. E. 739; Ruuiston v. Hall, 66 Ark. 305, 50 S. W. 000. 74 Am. St. Rep. 97; Ipswich v. Topsfielii, 5 Metc. (Mass) 351; Brown v. Freed, 43 Ind. 256.

ESTATE PUB. AUTRE VIE. Estate for another's life. An estate in lands which ti miiu holds for the life of another person. 2 Bl. Comm. 120; Litt. § 56.

ESTATE TAIL. TAIL.

See Esrarn in FEE-

ESTATE TAIL, QUASI. When a tenant for life grants his estate to a man and his heirs, as these words, though opt and proper to create an estate tail. cannot do so. because the ,-zrn ntor. being only tenant for life, cannot grant in pcrpclurliii, therefore they are said to create an estate tziil quasi, or improper. Brown.

ESTATE UPON CONDITION. An estate ln lands, the existence of which de pends upon the happening or not happening of some uncertain event, wherehy the estate may be either originally created, or enlarged, or finally defeated. 2 Bl. Comm. 151; 1 Steph. Comm. 276; C0. LitL 201:1. An cs-

44

2 ESTOPPEL

Late having a quaiificotion annexed to it, by which it may. upon the happening of a particular event, be created, or enlarged, or destioyod 4 Kent. Comm. 121.

—Estnte upon condition expressed. An estate granted, either in fee-simple or otherwise, with an express qualification annexed, vi-hereby the estate granted shall either commence. be enlarged, or be defeated upon performance or breach of such qualification or condition. 2 Bl. Comm. 15-}. An estate which is so exprnssly Llehned and limited by the words of its creation that it cannot endure for any longer time ihiin till the contingency happens upon which the estate is to fail. 1 Sh-‘pll. Comm. fiS.—Estuta upon condition implied. An estate having I1 condition annexed to it iusepurnbly from its essence and constitution, although no condition he expressed in words. 2 Bl. Comm. 152; 4 Kent, Comm. 121.

ESTATES OF THE REAIM. The lords spiritual, the lords temporal, and the com- mons of Great Britain. 1 Bl. Comm. 1.33 Sometimes called the "three estates."

E S TENDARD, ESTENDART, or STANDARD. An ensign for horseinen in war.

ESTER IN J UDGlVl'.EN’1‘. L. Fl‘. To 31>- pezir before 11 tribunal either as phiintifl or defendant Keiham.

ESTIMATE. This word is used to express the mind or judgment of the speaker or Writer on the particular subject under consiiieration. it implies a calculation or coni- putation, as to estiiiiutc the gain or loss of an enterprise. People v. Clark, 37 Hun (l\. Y.) 203.

ESTOP. vent ; to preclude. TOPPEL.

To stop. bar, or impede; to pre- Co. Litt. 3520. See Es-

ESTOPPEL. A liar or impediment raised 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 deniai or conduct or admission, or in consequence of a final adjudication of the matter in a court of law. Deniarest v. Hopper. 22 N. J. Law. 619; Martin v. Rail- road (.70., 3'} Me. 100. 21 At]. 740; \'e-cder v. Mudgett, 95 N. Y. 295; Soufln v. Deatou, 113 Ky. 312, 68 S. W. 137; Wilkins v. Suttles. 114 N. C. , 19 S. E. 606.

A preclusion. in law, which prevents a man from alleging or denying a fact. in consequence of his own previous act. 31i(‘g.ItlD'Il, or denial of a contrary tenor. Steph. Pi. _.. .

An admission of so conclusive a nature that the party whom it affects is not pe1n1itted to over against it or offer evidence to controvert it. 2 Smith, Lead. Cas. 778.

Estoppel is that which concludes and “shuts a mmfs mouth from speaking the truth." When a fact has been agreed on, or dcciileil in in 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

jndgnient or decree stands unreverseil; and