ESTOVERS estouviers, necessaries ; from estoffer, to furnish). The right or privilege which a tenant has to furnish himself with so much wood from the demised premises as may he sufficient or necessary for his fuel, fences, and other agricultural operations. 2 Blackstone, Comm. 35 ; Woodfall, Landl. & Ten. 2:32 ; 10 Wend. N. Y. 639.
2. Any tenant may claim this right, whether he be a tenant for life, for years, or at will ; and that without waiting for any special leave or assignment of the lessor, unless he is restrained by some provision contained in his lease. Sheppard, Touchst. 3, n. 1. Nor does it appear to be necessary that the wood should all be consumed upon the premises, provided it is taken in good faith for the use of the tenant and his servants, and in rea sonable quantities, with the further qualifica tiOn, also, that no substantial injury be done to the inheritance. 1 Paige, Ch. N. Y. 573.
3. Where several tenants are granted the right of estovers from the same estate, it be comes a common of estovers; bet no one of each tenants can, by underletting his land to two or more persons, apportion this right among them; for in this way he might sur charge the land, and the rights of his co tenants, as well as those of the landlord, would be thereby invaded. In case, there
fore, of the division of a farm among several tenants, neither of the under-tenants can have estovers, and the right, consequently, becomes extinguished. N. Y. 650; 4 Coke, 36 ; 8 id. 78. There is much learn ing in the old relative to the creation, apportionment, suspension, and extinguish ment of these rights, very little of which, however, is applicable to the condition of things in this country, except perhaps in the state of New York, where the entangle ments produced by grants of the manor-lands have led to some litigation on the subject. Taylor, Landl. & Ten. 220. See 4 Washburn, Real Prop. 99 ; 7 Bingh. 640 ; 7 Pick. Mass. 152 ; 17 id. 248 ; 14 Me. 221 ; 2 N. H. 130 ; 7 id. 341 ; 7 Ired. Eq. No. C. 197 ; 6 Yerg. Tenn. 334; 5 Mae. C. C. 13.