EST 



ESt 



ed fees are such estates of inheritance as 

 are clogged with conditions or qualifica- 

 tions, which may be either, 1st. qualified 

 or base fees ; or 2d. fees conditional. 

 The former is instanced by a grant to A 

 and his heirs, tenants of the manors of 

 Dale, which may continue forever, if the 

 heirs of A still continue tenants of Dale ; 

 but being subjected to a condition which 

 lowers or debases the certainty of the te- 

 nure, it is called a. base fee. For fee-tail, 

 see YEK tail m this Dictionary, <rf post. Of 

 estates of freehold for life only some may 

 be called conventional, such as are crea- 

 ed by act of the parties, others merely 

 legal, or arising by operation of law. For 

 estates for life conventional, see LIFE es- 

 tate The latter are tenant in tail after 

 possibility of issue extinct, tenant by the 

 curtesy, and tenant in dower, which see. 

 Of estates less than freehold there 

 are three sorts : 1. estates for years ; 

 2. at will. See LEASK. 3. estates by suffer- 

 ance. Besides, there are some estates up- 

 on condition, as on mortgage estates by 

 statute merchant; statute staple ; elegit ; 

 which see. 



II. Thus far we consider the quantity of 

 the interest. Secondly, as to the time of 

 their enjoyment, which is present or fu- 

 ture, they are divided into estates in pos- 

 session or expectancy. The latter are di- 

 vided into estates in remainder and re- 

 version, which lead to very nice and ab- 

 struse distinctions. See REMAINDER, RE- 

 VERSION, EXECUTORY DEVISE, LIMITA- 

 TION, &c. On this head, as to the certainty 

 and time of enjoyment, estates are, 1st. 

 vested in possession: 2d. vested in in- 

 terest, as reversions ; vested remainders ; 

 such executory devises, future uses, con- 

 ditional limitations, &c. as are not referred 

 to or made to depend on a period which is 

 uncertain : 3d. estates contingent, which 

 are referred to a condition or event, 

 winch is uncertain whether it may happen 

 or not. An estate is vested, when there 

 is an immediate fixed right of present or 

 future enjoyment. It is vested in posses- 

 sion, when there is a right of present 

 enjoyment ; vested in interest, where a 

 present fixed right of future enjoyment. 

 An estate is contingent, when a right of 

 enjoyment is to accrue on an event which 

 is uncerain. 



III. With respect to the number of 

 owners, estates in all the above three re- 

 spects may be held by one or amongst 

 many in four ways, in severally, in joint 

 tenancy, in coparcenary, or in common. 

 Severally is the holding lands, &c. as the 

 single owner thereof, which is generally 



implied where nothing more is said; as 

 to the rest, see JOINT TENANTS and PAR- 

 CKSERS. As to the title to estates, see 

 TITLE ; and as to TENURE, see that arti- 

 cle. 



ESTATES are acquired by different ways, 

 as by descent from afatherto a son, which 

 is distinguished from purchase, convey- 

 ance or grant from one to another, by 

 deed or by will ; and a fee-simple is 

 the largest possible estate, and by the 

 words all his estates, in a deed or will, 

 every thing passes which the party has, 

 and therefore this word creates, in a will 

 or estate in fee, without a limitation to the 

 heirs. 



ESTATES t are divided into real, such as 

 lands, which descend to the heir, and 

 personal, as chattels, which go to the ex- 

 ecutor. 



ESTOPPEL, in law, an impediment or 

 bar of action arising from a man's own 

 act ; or where he is forbidden to speak 

 against his own deed ; for by his act or 

 acceptance he may be estopped to speak 

 the truth. There are three kinds of es- 

 toppels, viz. by matter of record, as by 

 letters patent, fine, recovery, pleading, 

 taking of continuance, confession, im- 

 parlance, warrant of attorney, admit- 

 tance. By matter in writing, deed, &c, 

 or by matter in pais, i. e. by some act, 

 such as livery, entry, partition, accept- 

 ance of rent, or of an estate. Thus, if a 

 man seized in fee takes a lease of his own 

 land, by this he is estopped, or prevent- 

 ed, from claiming the fee during the 

 term. 



ESTOVERS, in law, signifies any kind 

 of allowance out of lands ; but in general 

 it is a liberty of taking necessary wood for 

 the use or furniture of a house or farm, 

 and this any tenant may take from off the 

 land let or demised to him, without wait- 

 ing for any leave, assignment, or appoint- 

 ment of the lessor, unless restrained by 

 special covenant to the contrary. 



ESTRAYS and WAIFS. Estrays are 

 any valuable beasts, not wild, found with- 

 in a lordship, whose owner is not known ; 

 such as are commonly impounded and 

 not claimed. They are then to be pro- 

 claimed in ^the church and two nearest 

 market towns on two market days, and 

 not being claimed by the owner, belong 

 to the King, and now commonly, by grant 

 of the crown, to the lord of the manor, or 

 the liberty. Beasts, ferx nature, cannot 

 be estrays. Swans, but no other fowl, 

 may be estrays. The estray is not the 

 absolute property of the lord till the year 

 and day, with proclamation ; and there- 



