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Estate for Life

estates, real and prop

ESTATE FOR LIFE. A freehold es tate, not of inheritance, but which is held by the tenant for his own life or the life or lives of one or more other persons, or for an inde finite period, which may endure for the life or lives of persons in being, and not beyond the period of a life. 1 Washburn, Real Prop. 88; 2 Crabb, Real Prop. / 1020 ; 1 Greenleaf, Cruise, Dig. 102 ; Coke, Litt. 42 a; Bradton, lib. 4, c. 28, / '207: When the measure of duration is the tenant's own life, it is called an estate "for the tenant's own life ;" when the measure of duration is the life of another person, it is called an estate "per (or pier) autre vie." 1 Washburn, Real Prop. 88; 2 Sharswood, Blackst. Comm. 120 ; Coke, Litt. 41 b;. 4 Kent, Comm. 23, 24.

Estates for life may be created by act of law or by act of the parties: in the former case they are called legal, in the latter, conven tional. The legal life estates are estates-tail after possibility of issue extinct, estates by dower, estates by curtesy, jointures. 34 Me.

151; 5 Oratt. Va. 499; 1 Cush. Mass. 95 ; 6 id. 87 ; 24 Penn. St. 162 . G Ind. 489 ; 3 Eng. L. & Eq. 345; 5 Md. 219; 1 Greenleaf, Cruise, Dig. 10.3.

The chief incidents of life estates are a right to take reasonable estovers, and freedom from injury by a sudden termination or dis turbance of the estate. Under-tenants have the same privileges as the original tenant ; and acts of the original tenant which would destroy his own claim to these privileges will not affect them. See 19 Penn. St. 323.

Their right, however, does not of course, as against the superior lord, extend beyond the life of the original tenant. 2 Sharswood, Blackst. Comm. 122 ; 1 Rolle, Abr. 727 ; 1 Washburn, Real Prop. 88 et seq. ; Coke, Litt. 41 b et seq. ; 2 Flintoff, Real Prop. 232 ; 1 Green leaf, Cruise, Dig. 102 et seq.