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Estate

property, real and person

ESTATE (Lat. status, the condition or cir cumstances in which the owner stands with reference to his property). The degree, quantity, nature, and extent of interest which a person has in real property.

It signifies the quantity of interest which a person has, from absolute ownership down to naked possession ; Jackson v. Parker, 9 Cow. (N. Y.) 81.

This word has several meanings. 1. In its most extensive sense, it Is applied to signify every thing of which riches or fortune may consist, and includes personal and real property : hence we say, personal estate, real estate; 8 Ves. 504; Jackson v. Robins, 16 Johns. (N. Y.) 587; Deering v. Tucker, 55 Me. 284; Bates v. Sparrell, 10 Mass. 323; Archer v. Deneale, 1 Pet. (U. S.) 585, 7 L. Ed. 272; Donovan's Lessee v. Donovan, 4 Harr. (Del.) 177 ; Andrews v. Brumfield, 32 Miss. 107; Blewer v. Brightman, 4 McCord (S. C.) 60; Den v. Snitcher, 14 N. J. L. 53, 2. In its more limited sense, the word estate is ap plied to lands. It is so applied in two senses. The first describes or points out the land itself, without ascertaining the extent or nature of the interest therein: as, "my estate at A." Godfrey v. Hum

phrey. 18 Pick. (Mass.) 537, 29 Am. Dec. 621. The second, which is the proper and technical meaning of estate, is the degree, quantity, nature, and extent I of Interest which one has in real property: as, an estate in fee, whether the same be a free-simple or fee-tail, or, an estate for life or for years, etc. Coke says, lstate signifies such inheritance, free I hold, term of years, tenancy by statute merchant, staple, eligit, or the like, as any man hath in lands or tenements, etc. Co. Litt. 345, 650 a. See Jones, Land Off. Titles in Penna. 165. Estate does not include rights in action ; Pippin v. Ellison, 34 N. C. 61, 55 Am. Dec. 403 ; McIntyre v. Ingraham, 35 Miss_ 25 ; In re Slbhald's Estate, 18 Pa. 249. But as the word is commonly used in the settlement of estates, it does include the debts as well as the assets of a bankrupt or decedent, all his obligations and re sources being regarded as one entirety. See Davis's Heirs v. Elkins, 9 La. 135. Also the status or condi tion in life of a person ; State v. Bishop, 15 Me. 122. See ESTATES OF THE REALM.