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5 definitions found
 for estate
From The Collaborative International Dictionary of English v.0.48 :

  Estate \Es*tate"\ ([e^]s*t[=a]t"), n. [OF. estat, F. ['e]tat, L.
     status, fr. stare to stand. See Stand, and cf. State.]
     1. Settled condition or form of existence; state; condition
        or circumstances of life or of any person; situation.
        "When I came to man's estate." --Shak.
        [1913 Webster]
  
              Mind not high things, but condescend to men of low
              estate.                               --Romans xii.
                                                    16.
        [1913 Webster]
  
     2. Social standing or rank; quality; dignity.
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              God hath imprinted his authority in several parts,
              upon several estates of men.          --Jer. Taylor.
        [1913 Webster]
  
     3. A person of high rank. [Obs.]
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              She's a duchess, a great estate.      --Latimer.
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              Herod on his birthday made a supper to his lords,
              high captains, and chief estates of Galilee. --Mark
                                                    vi. 21.
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     4. A property which a person possesses; a fortune;
        possessions, esp. property in land; also, property of all
        kinds which a person leaves to be divided at his death.
        [1913 Webster]
  
              See what a vast estate he left his son. --Dryden.
        [1913 Webster]
  
     5. The state; the general body politic; the common-wealth;
        the general interest; state affairs. [Obs.]
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              I call matters of estate not only the parts of
              sovereignty, but whatsoever . . . concerneth
              manifestly any great portion of people. --Bacon.
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     6. pl. The great classes or orders of a community or state
        (as the clergy, the nobility, and the commonalty of
        England) or their representatives who administer the
        government; as, the estates of the realm (England), which
        are (1) the lords spiritual, (2) the lords temporal, (3)
        the commons.
        [1913 Webster]
  
     7. (Law) The degree, quality, nature, and extent of one's
        interest in, or ownership of, lands, tenements, etc.; as,
        an estate for life, for years, at will, etc. --Abbott.
        [1913 Webster]
  
     The fourth estate, a name often given to the public press.
        [1913 Webster]

From The Collaborative International Dictionary of English v.0.48 :

  Estate \Es*tate"\, v. t.
     1. To establish. [Obs.] --Beau. & Fl.
        [1913 Webster]
  
     2. Tom settle as a fortune. [Archaic] --Shak.
        [1913 Webster]
  
     3. To endow with an estate. [Archaic]
        [1913 Webster]
  
              Then would I . . .
              Estate them with large land and territory.
                                                    --Tennyson.
        Estatlich

From WordNet (r) 3.0 (2006) :

  estate
      n 1: everything you own; all of your assets (whether real
           property or personal property) and liabilities
      2: extensive landed property (especially in the country)
         retained by the owner for his own use; "the family owned a
         large estate on Long Island" [syn: estate, land, landed
         estate, acres, demesne]
      3: a major social class or order of persons regarded
         collectively as part of the body politic of the country
         (especially in the United Kingdom) and formerly possessing
         distinct political rights [syn: estate of the realm,
         estate, the three estates]

From Moby Thesaurus II by Grady Ward, 1.0 :

  142 Moby Thesaurus words for "estate":
     Everyman, John Doe, Public, absolute interest, acres, assets,
     bearings, belongings, benefit, blood, body politic, bracket,
     branch, capital, case, caste, category, chattels, circumstance,
     citizenry, claim, clan, class, common, common man, commonwealth,
     community, community at large, condition, contingent interest,
     demesne, development, division, domain, easement,
     equitable interest, equity, everybody, everyman, everyone,
     everywoman, farm, farmstead, fix, folk, folks, footing, form,
     fortune, general public, gentry, grade, grange, group, grouping,
     hacienda, head, heading, holding, holdings, home place, homecroft,
     homestead, house and grounds, house and lot, interest, jam, kin,
     label, land, level, limitation, location, lot, manor, mansion, men,
     messuage, modality, mode, nation, nationality, order, part, pass,
     people, people in general, percentage, persons, pickle, pigeonhole,
     place, plantation, plight, polity, populace, population, position,
     possessions, posture, predicament, property, public, race, ranch,
     rancho, rank, rating, repair, resources, right, right of entry,
     rubric, section, sept, set, settlement, shape, situation, society,
     spot, stake, standing, state, station, status, steading, strain,
     stratum, strict settlement, subdivision, subgroup, suborder, title,
     toft, trust, use, vested interest, villa, wealth, world,
     you and me
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  ESTATE. This word his 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. 2. In its more limited sense, the word estate is applied 
  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." The second, which is the proper and technical 
  meaning of estate, is the degree, quantity, nature and extent of interest 
  which one has in real property; as, an estate in fee, whether the same be a 
  fee simple or fee tail; or an estate for life or for years, &c. Lord Coke 
  says: Estate signifies such inheritance, freehold, term of years, tenancy by 
  statute merchant, staple, eligit, or the like, as any man hath in lands or 
  tenements, &c. Co. Lit. Sec. 650, 345 a. See Jones on Land Office Titles in 
  Penna. 165-170. 
       2. In Latin, it is called status, because it signifies the condition 
  or circumstances in which the owner stands with regard to his property.. 
       3. Estates in land may be considered in a fourfold view with regard, 1. 
  To the quantity of interest which the tenant has in the tenement. 2. To the 
  time during which that quantity of interest is to be enjoyed. 3. To the 
  number and connexion of the tenants. 4. To what conditions may be annexed to 
  the estate. 
       4.-1. The quantity of interest which the tenant has in his tenement 
  is measured by its duration and extent. An estate, considered in this point 
  of view, is said to be an estate of freehold, and an estate less than 
  freehold. 
       5.-1. Freehold estates are of inheritance and not of inheritance. An 
  estate in fee, (q.v.) which is the estate most common in this country, is a 
  freehold estate of inheritance. Estates of freehold not of inheritance, are 
  the following: 
       6.-1st. Estates for life. An estate for life is a freehold interest 
  in lands, the duration of which is confined to the life or lives of some 
  particular person or persons, or to the happening or not happening of some 
  uncertain event. 
       7. Estates for life are divided into conventional or legal estates. The 
  first created by the act of the parties, and the second by operation of law. 
       8.-1. Life estates may be created by express words; as, if A conveys 
  land to B, for the term of his natural life; or they may arise by 
  construction of law, as, if A conveys land to B, without specifying the term 
  or duration, and without words of limitation. In the last case, B cannot 
  have an estate in fee, according to. the English law, and according to the 
  law of those parts of the United States which have adopted and not altered 
  the common law in this particular, but he will take the largest estate which 
  can possibly arise from the grant, and that is an estate for life. Co. Litt. 
  42, a. So a conveyance "to I M, and his generation, to endure as long as 
  the waters of the Delaware should run," passes no more than a life estate. 3 
  Wash. C. C. Rep. 498. The life estate may be either for a man's own life, or 
  for the life of another person, and in this last case it is termed an estate 
  per autre vie. There are some estates for life, which may depend upon future 
  contingencies, before the death of the person to whom they are granted; for 
  example, an estate given to a woman dum sola fuerit, or durante viduitate, 
  or to a man and woman during coverture, or as long as the grantee shall 
  dwell in a particular house, is determinable upon the happening of the 
  event. In the same manner, a house usually worth one hundred dollars a year, 
  may be granted to a person still he shall have received one thousand 
  dollars; this will be an estate for life, for as the profits are uncertain, 
  and may rise or fall, no precise time can be fixed for the determination of 
  the estate. On the contrary, where the time is fixed, although it may extend 
  far beyond any life, as a term for five hundred years, this does not create 
  a life estate. 
       9.-2. The estates for life created by operation of law, are, 1st. 
  Estates tail after possibility of issue extinct. 2d. Estates by the curtesy. 
  3d. Dower. 4th. Jointure. Vide Cruise. Dig. tit. 3; 4 Kent, Com. 23; 1 
  Brown's Civ. Law, 191; 2 Bl. Com. 103. The estate for life is somewhat 
  similar to the usufruct (q.v.) of the civil law. 
      10. The incidents to an estate for life, are principally the following: 
  1. Every tenant for life, unless restrained by covenant or agreement, may of 
  common right take upon the land demised to him reasonable estovers or 
  bote's. Co. Litt. 41. 
      11.-2. The tenant for life, or his representatives, shall not be 
  prejudiced by any sudden determination of his estate, because such 
  determination is contingent or uncertain. Co. Litt. 55. 
      12.-3. Under tenants or lessees of an estate for life, have the same, 
  and even greater indulgences than the lessors, the original tenants for 
  life; for when the tenant for life shall not have the emblements, because 
  the estate determines by his own act, the exception shall not reach his 
  lessee, who is a third person. l Roll. Ab. 727 2 Bl. Com. 122. 
      13.-2d. Estates by the curtesy. An estate by the curtesy is an estate 
  for life, created by act of law, which is defined as follows: When a man 
  marries a woman, seised at any time during the coverture of an estate of 
  inheritance, in severalty, in coparcenary, or in common, and has issue by 
  her born alive, and which might by possibility inherit the same estate as 
  heir to the wife, and the wife dies in the lifetime of the husband, he holds 
  the lands during, his life by the curtesy of England, and it is immaterial 
  whether the issue be living at the time of the seisin, or at the death of 
  the wife, or whether it was born before or after the seisin. Litt. s. 35; 
  Co. Litt. 29, b; 8 Co. 34. By Act of Assembly of Pennsylvania, the birth of 
  issue is not necessary, in all cases where the issue, if any, would have 
  inherited. 
      14. There are four requisites indispensably necessary to the existence 
  of this estate: 1. Marriage. 2. Seisin of the wife, which must have been 
  seisin in deed, and not merely seisin in law; it seems, however, that the 
  rigid rules of the common law, have been relayed, in this respect, as to 
  what is sometimes called waste or wild lands. 1 Pet. 505. 3. Issue. 4. Death 
  of the wife. 
      15.-1. The marriage must be a lawful marriage; for a void marriage 
  does not entitle the husband to the curtesy; as if a married man were to 
  marry a second wife, the first being alive, he would not be entitled to the 
  curtesy in such second wife's estate. But if the marriage had been merely 
  voidable, he would be entitled, because no marriage, merely voidable, can be 
  annulled after the death of the parties. Cruise, Dig. tit. 5, c. 1, s. 6. 
      16.-2. The seisin of the wife must, according to the English law, be a 
  seisin in deed; but this strict rule has been somewhat qualified by 
  circumstances in this country. Where the wife is owner of wild uncultivated 
  land, not held adversely, she is considered as seised in fact, and the 
  husband is entitled to his curtesy. 8 John. 262 8 Cranch, 249; 1 Pet. 503 1 
  Munf. 162 1 Stow. 590. When the wife's state is in reversion or remainder, 
  the husband is not, in general, entitled to the curtesy, unless the 
  particular estate is elided during coverture. Perk. s. 457, 464; Co. Litt. 
  20, a; 3 Dev. R. 270; 1 Sumn. 263; but see 3 Atk. 469; 7 Viner, Ab. 149, pl. 
  11. The wife's seisin must have been such as to enable her to inherit. 5 
  Cowen, 74. 
      17.-3. The issue of the marriage, to entitle the husband to the 
  curtesy, must possess the following qualifications: 1. Be born alive. 2. In 
  the lifetime of the mother. 3. Be capable of inheriting the estate. 
      18.-1st. The issue must be born alive. As to what will be considered 
  life, see Birth; Death; Life. 
      19.-2d. The issue must be born in the lifetime of the mother; and if 
  the child be born after the death of the mother, by the performance of the 
  Caesarian operation, the husband will not be entitled to the curtesy; as 
  there was no issue born at the instant of the wife's death, the estate vests 
  immediately on the wife's death to the child, in ventre sa mere, and the 
  estate being once vested, it cannot be taken from him. Co. Litt. 29, b.; 8 
  Co. Rep., 35, a. It is immaterial whether the issue be born before or after 
  the seisin of the wife. 8 Co. Rep. 35, b. 
      20.-3d. The issue must be capable of inheriting the estate; When, for 
  example, lands are given to a woman and the heirs male of her body, and she 
  has a daughter, this issue will not enable her husband to take his curtesy. 
  Co. Litt. 29, a. 
      21.-4th. The death of the wife is requisite to make the estate by the 
  curtesy complete. 
      22. This estate is generally prevalent in the United States; in some of 
  them it has received a modification. In Pennsylvania the right of the 
  husband takes place although there be no issue of the marriage, in all cases 
  where the issue, if any, would have inherited. In Vermont, the title by 
  curtesy has been laid under the equitable restriction of existing only in 
  the event that the children of the wife entitled to inherit, died within age 
  and without children in South Carolina, tenancy by the curtesy, eo nomine, 
  has ceased by the provisions of an act passed in 1791, relative to the 
  distribution of intestates estates, which gives to the husband surviving his 
  wife, the same share of her real estate, as she would have taken out of his, 
  if left a widow, and that is one moiety, or one-third of it in fee, 
  according to circumstances. In Georgia, tenancy by the curtesy does not 
  exist, because, since 1785, all marriages vest the real, equally with the 
  personal estate, in the husband. 4 Kent, Com. 29. In Louisiana, where the 
  common law has not been adopted in this respect, this estate is unknown. 
      23. This estate is not peculiar to the English law, as Littleton 
  erroneously supposes; Litt. s. 35; for it is. to be found, with some 
  modifications, in the ancient laws of Scotland, Ireland, Normandy and 
  Germany. In France there were several customs, which gave a somewhat similar 
  estate to the surviving husband, out of the wife's inheritances. Merlin, 
  Repert. mots Linotte, et Quarte de Conjoint pauvre. 
      24.-3d. Estate in dower. Dower is an estate for life which the law 
  gives the widow in the third part of the lands and tenements, or 
  hereditaments of which the husband was solely seised, at any time during the 
  coverture, of an estate in fee or in tail, in possession, and to which 
  estate in the lands and tenements the issue, if any of such widow, might, by 
  possibility, have inherited. In Pennsylvania, the sole seisin of the. 
  husband is not necessary. Watk. Prin. Con. 38; Lit. Sec. 36; Act of Penna. 
  March 31, 1812. 
      25. To create a title to the dower, three things are indispensably 
  requisite: 1. Marriage. This must be a marriage not absolutely void, and 
  existing at the death of the husband; a wife de facto, whose marriage is 
  voidable by decree, as well as a wife de jure, is entitled to it; and the 
  wife shall be endowed, though the marriage be within the age of consent, and 
  the husband dies within that age. Co. Litt. 33, a; 7 Co. 42; Doct. & Stud. 
  22; Cruise, Dig. t. 6, c. 2, s, 2, et seq. 
      26.-2. Seisin. The husband must have been seised, some time during the 
  coverture, of the estate of which the wife is dowable. Co. Litt. 31, a. An 
  actual seisin is not indispensable, a seisin in law is sufficient. As to the 
  effect of a transitory seisin, see 4 Kent, Com. 38; 2 Bl. Com. 132; Co. 
  Litt. 31, a. 
      27.-3. Death of the husband. This must be a natural death; though 
  there are authorities which declare that a civil death shall have the same 
  effect. Cruise, Dig. tit. 6, ch. 2, Sec. 22. Vide, generally, 8 Vin. Ab. 
  210; Bac. Ab. Dower; Com. Dig. Dower; Id. App. tit. Dower; 1 Supp. to. Ves. 
  jr. 173, 189; 2 Id. 49; 1 Vern. R. by Raithby, 218, n. 358, n.; 1 Salk. R. 
  291; 2 Ves. jr. 572; 5 Ves. 130; Arch. Civ. Pl. 469; 2 Sell. Pr. 200; 4 
  Kent, Com. 35; Amer. Dig. h.t.; Pothier, Traite du Douaire; 1 Swift's Dig. 
  85; Perk. 300, et seq. 
      28.-4th. Estate tail after possibility of issue extinct. By this 
  awkward, but perhaps necessary periphrasis, justified by Sir William 
  Blackstone, 2 Com. 124, is meant the estate which is thus described by 
  Littleton, Sec. 32 when tenements are given to a man and his wife in special 
  tail, if one of them die without issue, the survivor is tenant in tail after 
  possibility of issue extinct." 
      29. This estate though, strictly speaking, not more than an estate for 
  life, partakes in some circumstances of the nature of an estate tail. For a 
  tenant in tail after possibility of issue extinct, has eight qualities or 
  privileges in common with a tenant in tail. 1. He is dispunishable for 
  waste. 2. He is not compellable to attorn. 3. He shall not have aid of the 
  person in reversion. 4. Upon his alienation no writ of entry in consimili 
  casu lies. 5. After his death, no writ of intrusion lies. 6. He may join the 
  mise in a writ of right in a special manner. 7. In a praecipe brought by him 
  he shall not name himself tenant for life. 8. In a praecipe brought against 
  him, he shall not be named barely tenant for life. 
      30. There are, however, four qualities annexed to this estate, which 
  prove it to be, in fact, only an estate for life. 1. If this tenant makes a 
  feoffment in fee, it is a forfeiture. 2. If an estate tail or in fee 
  descends upon him, the estate tail after possibility of issue extinct is 
  merged. 3. If he is impleaded and makes default, the person in reversion 
  shall be received, as upon default of any other tenant for life. 4. An 
  exchange between this tenant and a bare tenant for life, is good; for, with 
  respect to duration, their. estates are equal. Cruise, Dig. tit. 4; Tho. Co. 
  Litt. B. 2, c. 17; Co. Lit. 28, a. 
      31. Nothing but absolute impossibility of having issue, can give rise to 
  this estate. Thus if a person gives lands to a man and his, wife, and to the 
  heirs of their two bodies, and they live to a hundred years, without having 
  issue, yet they are tenants in tail; for the law' sees no impossibility of 
  their having issue, until the death of one of them. Co. Litt. 28, a. See 
  Tenant in tail after possibility of issue extinct. 
      32.-2. An estate less than freehold is an estate which is not in fee, 
  nor for life; for although a man has a lease for a thousand years, which is 
  much longer than any life, yet it is not a freehold, but a mere estate for 
  years, which is a chattel interest. Estates less than freehold are estates 
  for years, estates at will, and estates at sufferance. 
      33.-1. An estate for years, is one which is created by a lease; for 
  years, which is a contract for the possession and profits of land for a 
  determinate period, with the recompense of rent; and it is deemed an estate 
  for years, though the number of years should exceed the ordinary limits of 
  human life; and it is deemed an estate for years though it be limited to 
  less than a single year. It is denominated a term, because its duration is 
  absolutely defined. 
      34. An estate for life is higher than an estate for years, though the 
  latter should be for a thousand years. Co. Litt. 46, a; 2 Kent, Com. 278; 1 
  Brown's Civ. Law, 191; 4 Kent, Com. 85; Cruise's Dig. tit. 8; 4 Rawle's R. 
  126; 8 Serg. & Rawle, 459; 13 Id. 60; 10 Vin. Ab. 295, 318 to 325. 
      35.-3. An estate at will is not bounded by any definite limits with 
  respect to time; but as it originated in mutual agreement, so it depends 
  upon the concurrence of both parties. As it depends upon the will of both, 
  the dissent of either may determine it. Such an estate or interest cannot, 
  consequently, be the subject of conveyance to a stranger, or of transmission 
  to representatives. Watk. Prin. Con. 1; Litt. Sec. 68. 
      36. Estates at will have become infrequent under the operation of 
  judicial decisions. Where no certain term is agreed on, they are now 
  construed to be tenancies from year to year, and each party is bound to give 
  reasonable notice of an intention to terminate the estate. When the tenant 
  holds over by consent given, either expressly or by implication, after the 
  determination of a lease for years, it is held evidence of a new contract, 
  without any definite period, and is construed. to. be a tenancy from year to 
  year. 4 Kent, Com. 210; Cruise, Dig. tit. 9, c. 1. 
      37.-3. An estate at sufferance. The session of land by lawful title, but 
  holds over by wrong after the determination of his interest. Co. Litt. 57, 
  b. He has a bare naked possession, but no estate which he can transfer or 
  transmit, or which is capable of enlargement by. release, for he stands in 
  no privity to his landlord. 
      38. There is a material distinction between the case of a person coming 
  to an estate by act of the party, and afterwards holding over, and by act of 
  the law and then holding over. In the first case, he is regarded as a tenant 
  at sufferance; and in the other, as an intruder, abator, and trespasser. Co. 
  Litt. 57, b; 2 Inst. 134 Cruise, Dig. t. 9, c. 2 4 Kent, Com. 115 13 Serg. & 
  Rawle, 60 8 Serg. & Rawle, 459; 4 Rawle, 459; 4 Rawle's R. 126. 
      39.-II. As to the time of their enjoyment, estates are considered 
  either in possession, (q.v.) or expectancy. (q.v.) The latter are either 
  remainders, (q.v.) which are created, by the act of the parties, and these 
  are vested or contingent, or reversions, (q, v.) created by act of law. 
      40.-III. An estate way be holden in a variety of ways the most common 
  of which are, 1. In severalty. 2. In joint tenancy. 3. In common. 4. In 
  coparcenary. These will be separately considered. 
      41.-1. An estate in severally, is where only one tenant holds the 
  estate in his own right, without any other person being joined or connected 
  with him, in point-of interest, during the continuance of his estate. 
      42.-2. An estate in joint tenancy, is where lands or tenements are 
  granted to two or more persons, to hold in fee simple, fee tail, for life, 
  for years, or at will. 2 Bl. Com. 179. Joint tenants always take by 
  purchase, and necessarily have equal shares; while tenants in common, also 
  coparceners, claiming under ancestors in different degrees, may have unequal 
  shares and the proper and best mode of creating an estate in joint tenancy, 
  is to limit to A B and C D, and their assigns, if it be an estate for life; 
  or to A B and C D, and their heirs, if in) fee. Watk. Prin. Con. 86. 
      43. The creation of the estate depends upon the expression in the deed 
  or devise, by which the tenants hold, for it must be created by the acts of 
  the parties, and does not result from the operation of law. Thus, an estate 
  given to a number of persons, without any restriction or explanation, will 
  be construed a joint tenancy; for every part of the grant can take effect 
  only, by considering the estate equal in all, and the union of their names 
  gives them a name in every respect. 
      44. The properties of this estate arise from its unities; these are, 1. 
  Unity of title; the estate must have been created and derived from one and 
  the same conveyance. 2. There must be a unity of time; the estate must be 
  created and vested at the same period. 3. There must be a unity of interest; 
  the estate must be for the same duration, and for the same quantity of 
  interest. 4. There must be a unity of possession; all the tenants must 
  possess and enjoy at the same time, for each must have an entire possession 
  of every parcel, as of the whole. One has not possession of one-half, and 
  another of the other half, but each has an undivided moiety of the whole, 
  and not the whole of an undivided moiety. 
      45. The distinguishing incident of this estate, is the right of 
  survivorship, or jus accrescendi; at common law, the entire tenancy or 
  estate, upon the death of any of the joint tenants, went to the survivors, 
  and so on to the last survivor, who took an estate of inheritance. The right 
  of survivorship, except, perhaps, in estates held in trust, is abolished in 
  Pennsylvania, New York, Virginia, Kentucky, Indiana, Missouri, Tennessee, 
  North and South Carolina, Georgia, and Alabama. Griffith's Register, h.t. 
  In Connecticut it never was recognized. 1 Root, Rep. 48; 1 Swift's Digest, 
  102. Joint tenancy may be destroyed by destroying any of its constituent 
  unities, except that of time. 4 Kent, Com. 359. Vide Cruise, Dig. tit. 18; 1 
  Swift's Dig. 102; 14 Vin. Ab. 470; Bac. Ab. Joint Tenants, &c.; 3 Saund. 
  319, n. 4; 1 Vern. 353,; Com. Dig. Estates 
  by Grant, K 1; 4 Kent, Com. 353; 2 Bl. Com. 181; 1 Litt. see. 304
  2 Woodd. Lect. 127; 2 Preston on Abst. 67; 5 Binn. Rep. 18; Joint
  tenant; Survivor; Entirety.
      46.-3. An estate in common, is one which is held by two or more 
  persons by unity of possession. 
      47. They may acquire their estate by purchase, and hold by several and 
  distinct titles, or by title derived at the same time, by the same deed or 
  will; or by descent. In this respect the American law differs from the 
  English common law. 
      48. This tenancy, according to the common law, is created by deed or 
  will, or by change of title from joint tenancy or coparcenary; or it arises, 
  in many cases, by construction of law. Litt. sec. 292, 294, 298, 302; 2 Bl. 
  Com. 192; 2 Prest. on Abstr. 75. 
      49. In this country it maybe created by descent, as well as by deed or 
  will. 4 Kent, Com. 363. Vide Cruise, Dig. tit. 20 Com. Dig. Estates by 
  Grant, K 8. 
      50. Estates in common can be dissolved in two ways only; first, by 
  uniting all the titles and interests in one tenant secondly, by making 
  partition. 
      51.-4. An estate in coparcenary, is an estate of inheritance in lands 
  which descend from the ancestor to two or more persons who are called 
  coparceners or parceners. 
      52. This is usually applied, in England, to cases where lands descend to 
  females, when there are no male heirs. 
      53. As in the several states, estates generally descend to all the 
  children equally, there is no substantial difference between coparceners and 
  tenants in common. The title inherited by more persons than one, is, in some 
  of the states, expressly declared to be a tenancy in common, as in New York 
  and New Jersey, and where it is not so declared the effect is the same; the 
  technical distinction between coparcenary and estates in common may be 
  considered as essentially extinguished in the United States. 4 Kent, Com. 
  363. Vide Estates. 
      54.-IV. An estate upon condition is one which has a qualification 
  annexed to it by which it may, upon the happening or not happening of a 
  particular event, be created, or enlarged, or destroyed. Conditions may be 
  annexed to estates in fee, for life, or for years. These estates are divided 
  into estates upon condition express, or in deed; and upon conditions 
  implied, or in law. 
      55. Estates upon express conditions are particularly mentioned 'in the 
  contract between the parties., Litt. s. 225; 4 Kent, Com. 117; Cruise, Dig. 
  tit. 13. 
      56. Estates upon condition in law are such as have a condition impliedly 
  annexed to them, without any condition being specified in the deed or will. 
  Litt. s. 378, 380; Co. Litt. 215, b; 233, b; 234, b. 
      57. Considered as to the title which may be had in them, estates are 
  legal and equitable. 1. A legal estate is one, the right to which can be 
  enforced in a court of law. 2. An equitable, is a right or interest in land, 
  which not having the properties of a legal estate, but being merely a right 
  of which courts of equity will take notice, require the aid of such a court 
  to, make it available. See, generally, Bouv. Inst. Index, h.t. 
  
  

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