ESCROW, conveyancing, contracts. A conditional delivery of a deed to a
stranger, and not to the grantee himself, until certain conditions shall be
performed, and then it is to be delivered to the grantee. Until the condition be
performed and the deed delivered over, the estate does not pass, but remains in
the grantor. 2 Johns. R. 248; Perk. 137, 138.
2. Generally, an escrow takes effect from the second delivery, and is to be
considered as the deed of the party from that time; but this general rule does
not apply when justice requires a resort to fiction. The relation back to the
first delivery, so as to give the deed effect from that time, is allowed in
cases of necessity, to avoid injury to the operation of the deed, from events
happening between the first and second delivery. For example, when a feme sole
makes a deed and delivers it as an escrow, and then marries before the second
delivery, the relation back to the time when she was sole, is necessary to
render the deed valid. Vide 2 Bl. Com. 307; 2 Bouv. Inst. n. 2024; 4 Kent, Com.
446; Cruise, Dig. t. 32, c. 2, s. 87 to 91; Com. Dig. Fait, A 3; 13 Vin. Ab. 29;
5 Mass. R. 60; 2 Root, R. 81; 5 Conn. R. 113; 1 Conn. R. 375; 6 Paige's R. 314;
2 Mass. R. 452; 10 Wend. R. 310; 4 Green]. R. 20; 2 N. H. Rep. 71; 2 Watts', R.
359; 13 John. R. 285; 4 Day's R. 66; 9 Mass. R. 310 1 John. Cas. 81; 6 Wend. R.
666; 2 Wash. R. 58; 8 Mass. R. 238; 4 Watts, R. 180; 9 Mass. Rep. 310; 2 Johns.
Rep. 258-9; 13 Johns. Rep. 285; Cox, Dig. tit, Escrow; Prest. Shep. Touch. 56,
57, 58; Shep. Prec. 54, 56; 1 Prest. Abst. 275; 3 Prest. Ab. 65; 3 Rep. 35; 5
ESCUAGE, old Eng. law. Service of the shield. Tenants who hold their
land by escuage, hold by knight's service. 1 Tho. Co. Litt. 272; Littl. s. 95,
ESNECY. Eldership. In the English law, this word signifies the right
which the eldest coparcener of lands has to choose one of the parts of the
estate after it has been divided.
ESPLEES. The products which the land or ground yields; as the hay of
the meadows, the herbage of the pasture, corn or other produce of the arable,
rents and services. Termes de la Ley; see 11 Serg. & R. 2-5; Dane's Ab.
Index, h. t.
ESPOUSALS, contracts. A mutual promise between a man and a woman to
marry each other, at some other time: it differs from a marriage, because then
the contract is completed. Wood's Inst. 57; vide Dig. 23, 1, 1; Code, 5, 1, 4;
Novel, 115, c. 3, s. 11; Ayliffe's Parerg. 245 Aso & Man. Inst. B. 1, t. 6,
c. 1, §1.
ESQUIRE. A title applied by courtesy to officers of almost every
description, to members of the bar, and others. No one is entitled to it by law,
and, therefore, it confers, no distinction in law.
2. In England, it is a title next above that of a gentleman, and below a
knight. Camden reckons up four kinds of esquires, particularly regarded by the
heralds: 1. The eldest sons of knights and their eldest sons, in perpetual
succession. 2. The eldest sons of the younger sons of peers, and their eldest
sons in like perpetual succession. 3. Esquires created by the king's letters
patent, or other investiture, and their eldest sons. 4. Esquires by virtue of
their office, as justices of the peace, and others who bear any office of trust
under the crown.
ESSOIN, practice. An excuse which a party bound to be in court on a
particular day, offers for not being there. 1 Sell. Pr. 4; Lee's Dict. h. t.
2. Essoin day is the day on which the writ is returnable. It is considered
for many purposes as the first day of the term. 1 T. R. 183. See 2 T. R. 16 n.;
4 Moore's R. 425. Vide Exoine.
ESTABLISH. This word occurs frequently in the Constitution of the
United $tates, and it is there used in different meanings. 1. To settle firmly,
to fix unalterably; as, to establish justice, which is the avowed object of the
constitution. 2. To make or form as, to establish an uniform rule of
naturalization, and uniform laws on the subject of bankruptcies, which evidently
does not mean that these laws shall be unalterably established as justice. 3. To
found, to create, to regulate; as, congress shall have power to establish post
roads and post offices. 4. To found, recognize, confirm or admit; as, congress
shall make no law respecting an establishment of religion. 5. To create, to
ratify, or confirm; as, we, the people, &c., do ordain and establish this
constitution, 1 Story, Const. §454.
ESTADAL, Spanish law. In Spanish America, this was a measure of land
of sixteen square varas or yards. 2 White's Coll. 139.
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. §650, 345 a. See Jones on Land Office Titles in Penna.
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
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
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
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 terw 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.
11. - 2. The tenant for life, or his representatives, shall not be
pre-judiced 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 migbt by possibility inherit the same estate as heir to the wife, and the
wife dies in the lifetime of the hushand, 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 Asserably
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 hushand 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 hushand
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 hushand 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 hushand 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 hushand 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 lier hushand to take his curtesy. Co.
Litt. 29, a.
21. - 4th. The death of the wife is requisite to make the estate by the
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 hushand 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 hushand 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 hushand. 4 Kent, Com. 29. In Louisiana,
where the common Iaw has not been adopted in this respect, this estate is
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 hushand,
out of the wife's inheritances. Merlin, Repert. mots Linotte, et Quarte de
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 hushand 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. hushand is not necessary.
Watk. Prin. Con. 38; Lit. §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 hushand; 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 hushand dies within that age.
Co. Litt. 33, a; 7 Co. 42; Doct. & Stud. 22; Cruise, Dig. t. 6, c. 2, s, 2,
26. - 2. Seisin. The hushand 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.
27. - 3. Death of the hushand. 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, §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, §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
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 leas; for years,
which is a contract for the posspssion 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 bigher 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. §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
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
sufferauce; 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. dn 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. dn 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
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;
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
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
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.
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.
ESTER EN JUGEMENT, French law. Stare in judicio. To appear before a
tribunal either as plaintiff or defendant.