EiST 
fixed right of future enjoyment. An estate 
is contingent when a right of enjoyment is to 
accrue on an event which is uncertain. 
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 severalty, 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 Parcenehs. As to 
the title to estates, see Title ; and as to 
Tenure, see that article. 
Estates are acquired by different ways, 
as by descent from a father to son, which 
is distinguished from purchase, conveyance 
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 limita- 
tion to the heirs. 
Estates are divided into real, such as 
lands, which descend to the heir, and per- 
sonal, as chattels, which go to the execu- 
tor. 
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 
pwu deed ; for by his act or acceptance he 
may be estopped to speak the truth. There 
are three kinds of estoppels, viz. by mat- 
ter of record, as by letters patent, fine, re- 
covery, pleading, taking of continuance, 
confession, imparlance, warrant of attorney, 
admittance. By matter in writing, deed, &c. 
or by matter in pais, i, e. by some act, such 
as livery, entry, partition, acceptance of 
rent, or of an estate. Thus if a man seised 
in fee takes a lease of his own land, by this 
he is estopped, or prevented, 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 waiting for 
any leave, assignment, or appointment of 
the lessor, unless restrained by special 
covenant to the contrary. 
ESTRAYS and WAIFS. Estrays are 
any valuable beasts, not wild, found within 
a lordship whose owner is not known ; such 
as are commonly impounded and not claim- 
ed. They are then to be proclaimed in the 
church and two nearest market-towns, on 
two market-days, and not being claimed by 
EST 
the owner, belong to the King, and now 
commonly by grant of the crown, to the 
lord of the manor, or the liberty. Beasts 
ferce natura, 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 proclama- 
tion ; and therefore if it escape from the 
lord before, to another manor, he cannot 
reclaim it. If proclamation is neglected, 
the owner may claim it without paying the 
expences, and may do so at all times with- 
in the year and day, upon paying them ; 
but afterwards it is vested in the lord abso- 
lutely. The owner may seize it without 
telling the marks, or proving the property, 
till the trial ; the lord should demand a sum 
for the keeping it, and the owner may then 
tender any reasonable sum, the propriety 
of which, if it is not received, may be ascer- 
tained by the jury upon the trial. Amends 
may be tendered generally without a parti- 
cular sum, before the lord fixes the amount. 
An estray must not be used ; but a cow- 
may be milked of necessity. The King’s 
cattle cannot be estrays. The year and 
day runs from the first proclamation, not 
the seizure. 
Waifs are goods which are stolen, and 
waved, or left by the felon on his being 
pursued, for fear of being apprehended ; 
and forfeited to the King or lord of the ma- 
nor; and though waifs are generally spoken 
of things stolen, yet if a man be pursued 
with hue and cry as a felon, and he flies 
and leaves bis own goods, these will be for- 
feited as goods stolen ; but they are pro- 
perly the fugitive’s goods, and not forfeited 
till it be found before the coroner, or other- 
wise of record, that he fled for the felony. 
ESTREAT, in law, extractum, a true 
copy, or note, of some original writing or 
record, and especially of fines and amerce- 
ments, and imposed in the rolls of a court, 
and extracted or drawn out from thence, 
and certified into the court of Exchequer, 
from whence process is awarded to the she- 
riff to levy them : in order, therefore, to 
be relieved from any fine or estreat, appli- 
cation is made to that court upon mo- 
tion. 
ESTREPEMENT, in law, estrepamen- 
tum, from estropier mutilare, oT extirpare, 
the spoil made by a tenant for life upon any 
lands or woods, to the prejudice of the re- 
versioner : also a writ, in two cases ; the 
one, when the person having an action de- 
pending (as a formedon, writ of right, &c.) 
for recovery of the possession of land with- 
out damages, sues to prohibit the tenant 
