ESTATE, in law, that title or interest which a man hath in lands or tenements, &c. This may be considered in a three fold manner : 1. as to the quantity of in terest which.the party has ; 2. the time when that interest is to be enjoyed; 3. the number and connections of the parties who are to enjoy it.
1. The first is measured by its duration or extent, which may be for an uncertain period, during his own life, or the life of another man; to determine at his own de cease, or to remain to his descendants after him ; or it is for years, months, or days ; or infinite and unlimited, being to . a man and his heirs for ever. This occa sions the division into estates of freehold, and less than freehold. The former is any estate of inheritance or for her in a corporeal or incorporeal heredita ment, existing in or arising from real property of free tenure; that is now of all which is not copyhold ; but tithes and spiritual dues may he freehold, though they issue out Oflands not freehold. Free holds may be considered either as estates of inheritance or not of inheritance. The former are of inheritance absolute, call ed fee-simple: or inheritance limited; one species of which is called fee-tail. Limit.
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 for ever, 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 tt base fee. For fee-tail, see FEE tail in this Dictionary, et post. Of estates of fceehold for life only some may be cailed conventional, such as are crew 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 LEASE. 3. estates by suffer ance. Besides, there are some estates up on condition, as on mortgage estates by statute merchant ; statute staple; elegif ; which see.
11. 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