EST

By this phrase is meant a right or power to do some act, together with an interest in the subject-matter on which the power is to be exercised. It is distinguished from a naked power, which is a mere authority to act, not accompanied by any interest of the donee in the subject-matter of the power. Is it an interest in the subject on which the power is to be exercised, or is it an interest in that which is produced by the exercise of the power? We hold it to be clear that the interest which can protect a power after the death of a person who creates it must be an interest in the thing itself. In other words, the power must be engrafted on an estate ‘in the thing. The words themselves would seem to import this meaning. “A power coupled with an interest” is a power which accompanies or is connected with an interest. The power and the interest are united in the same person. But, if we are to understand by the word “interest” an interest in that which is to be producwd by the exercise of the power, then they are never united. Tke power to produce the interest must be exercised, and by its exercise is extinguished. The power ceases when the interest commences, and therefore cannot, in accurate law language, be said to be “coupled” with it. Hunt v. Rousmanier, 8 Wheat. 203 BL, Ed. 589. And see Missouri v. Walker, 125 U. 8. 339, 8 Sup. Ct. 929, 31 L. Ed. 769; Griffith v. Maxfield, 66 Ark. 513, 51 S. W. 832; Johnson v. Johnson, 27 S. C. 309, 3 S. E. 606, 13 Am. St. Rep. 636; Yeates v. Pryor, 11 Ark. 78; Alworth v, Seymour, 42 Minn. 526, 44 N. W. 1080; Hunt v. Ennis, 12 Fed. Cas. 915.

( 560 ) Glanv. Lat. [from sum, esse, to be.] Is; it is; there is. Est aliquid quod non oportet, etiam si licet; quicquid vero non licet certe non oportet; there is something [are some things] which ought not to be done, even though it be lawful; but whatever is not lawful certainly ought not to be done. Hob. 159. Est, in the civil law, was sometimes used to signify the past. Dig. 50. 16. 123. Est ipsorum legislatorum tanquam viva Vox; rebus et non verbis legem imponimus. [The voice, utterance or declaration] of legislators themselves is like the living voice, [the spoken word of an individual]; we impose law upon things, not upon words. 10 Co. 101 b. Statutes are to be interpreted, like ordinary language, with reference rather to substantial effect than mere verbal nicety. L. Fr. [from estre, to be.] Is; it is; there is. Britt. passim. c. 21. Britt. The settlement of dower on a woman by her husband. Britt. c. 102, De establissementz de dower. ESTAGNE, Estaignee. L. Fr. [Lat. stagnum.] A pool. Yearb. P. 8 Edw. L. Fr. East; the east. Kelham. 20. Called the natural and primary sig (561) **The old definitions of this word generally confine it to lands or realty. Thus, according to Lord Coke, "state or estate signifieth such inheritance, freehold, term for years, &c., as any man hath in lands br tenements.' Co. Litt. 345 a. So Cowell defines it to be "that title or interest which a man hath in lands or tenements," and the same definition is given in the Termes de la Ley. And this limited sense of the word has been relied on, in argument, in some cases. See 1 P. Wms. 2. But, according to the settled modern doctrine, the term estate is of much more extensive import and application, being indeed genus generalissimum, and clearly comprehending things personal as well as real; personal as well as real estate. Holt, C. J. 1 Salk. 237. Kent, C. 16 Johns. R. 587. Ward on Legacies, 208. Marshall, C. J. 1 Peters' R. 583, 588. Paterson, J. 3 Cranch's R. 97. Wayne, J. 11 Howard's R. 358. Dewey, J. 4 Metcalf's R. 178, 180. Hence it is well remarked, that, in general, whenever legal enactments are intended to apply exclusively to one or the other of these different species of property, the statutes use the proper qualifying words, "personal" or "real estate," as the case may require. Dewey, J. ub. sup. In wills, the import of the term estate depends in a great degree upon its association with other expressions. 2 Powell on Dev. (by Jarman,) 158, chap. x. Marshall, C. J. 1 Peters' R. 585, 588. Thus, in a recent case in England, it was held that the word estate in a will did not, of necessity, include real property, but its meaning must be taken as explained by the context. Accordingly, where a testator, after devising certain real estates by his will, proceeded, "I give all the rest of my household furniture, books, linen and china, except as hereinafter mentioned, goods, chattels, estate and effects of whatever nature or kind soever, and wheresoever the same shall be at the time of my death," unto certain executors in trust to dispose of the same as specified by the will, it was held that the word "estate" did not pass real estate. 1 Welsby, H. & Gordon, 141. See 1 Jarman on Wills, 658, (566, Perkins' ed. notes). But, subject to qualification and restriction, the term estate is the most general, significant and operative word that can be used in a will, and, according to all the cases, may embrace every degree VOL. I. and species of interest. Paterson, J. 3 Cranch's R. 97. If used as descriptive of land, it will carry every thing, both the land and the interest in it, unless it be restrained by particular expressions. Id. ibid. It will carry the inheritance, though it be accompanied by words descriptive of local position, or other expressions referable exclusively to the corpus of the land. 2 Powell on Dev. (by Jarman,) 411, 412, and cases cited ibid. 1 Hilliard's Real Prop. 614. Marshall, C. J. 1 Peters' R. 588. Kent, C. 16 Johns. R. 587. Bennett, J. 26 Vermont R. 260, 267. 2 Jarman on Wills, 181, (132, Perkins' ed. notes), et seq. (562) event. Cruise's Dig. tit. iii. ch. 1, sect. 1. 1 Hilliard's Real Prop. 99.-That interest in lands which may possibly last for a life, but cannot last longer. 2 Crabb's Real Prop. 59, 1020. When it is an estate for a man's own life, it is called absolutely an estate for life, but when it is for another's life, it is called an estate pur autre vie. Id. Litt. sect. 56. See 4 Kent's Com. 23, 24. (563) (564) lish law. The lords spiritual, the lords temporal, and the commons of Great Britain. 1 Bl. Com. 153. 2 Steph. Com. 356. ESTATUTE, Estatut. L. Fr. Statute; a statute. Yearb. P. 8 Edw. III. 2, 25. Soloncqz les estatutes de Wyncester; according to the statutes of Winchester. Britt. c. 12. En nos estatutz de Westminster. Id. c. 14. (565) tribunal, as precluding the same question from being again raised between the same parties. See Res judicata. ESTOPPEL BY DEED is where a party has executed a deed, that is, a writing under seal (as a bond) reciting a certain fact, and is thereby precluded from afterwards denying, in any action brought upon that instrument, the fact so recited. Steph. Pl. 197. A man shall always be estopped by his own deed, or not permitted to aver or prove any thing in contradiction to what he has once so solemnly and deliberately avowed. 2 Bl. Com. 295. Plowd. 434. Cowp. 601. 2 Crabb's Real Prop. 1046, § 2432. 2 Smith's Lead. Cas. 456, 457. 4 Kent's Com. 261, and note. A writing which is not technically a deed, that is, which is not under seal, does not operate as an estoppel. A good example of this is the case of a receipt. Smith on Contracts, 16. Bronson, J. (dissenting), 3 Hill's (N. Y.) R. 215, 220. ESTOPPEL BY MATTER IN PAIS, (or in the country). An estoppel by matter that is neither a record, nor a deed,* * such as livery, entry, acceptance of rent, &c. Co. Litt. 352 a. Thus, where one man has accepted rent of another, he will be estopped from afterwards denying, in any action with that person, that he was, at the time of such acceptance, his tenant. Steph. Pl. 197. Com. Dig. Estoppel. Co. Litt. 2 Smith's Lead. Cas. 458. See 3 Hill's (N. Y.) R. 215. Bronson, J. Id. 220. 4 Mann. & Gr. 209. 22 Alabama R. 543. Admissions belong to this division of estoppels. See 8 Wendell's R. 480, 483. 352 a. ought not to be allowed to aid in the perpetration of wrong. Redfield, C. J. Id. 223. (566) special grant from the crown.* 1 Bl. Com. 297, 298. 2 Id. 14. 2 Steph. Com. 561, 562. 1 Crabb's Real Prop. 513-518, §§ 665–671. was. An allowance of wood made to a tenant for life or years; a liberty of taking necessary wood for the use or furniture of his house or farm, from off the land demised to him. 2 Bl. Com. 35. 1 Steph. Com. 241, 269. 2 Crabb's Real Prop. 76, § 1044. Bisset on Estates, 276, 277. 4 Kent's Com. 73. This is the ordinary meaning of the word estovers, which are also called in law botes, embracing the various kinds of house-bote, fire-bote, plough-bote, and haybote. See Botes. Estovers are sometimes erroneously confounded with common of estovers, (q. v.) and the distinction is not clearly made by Britton in his 60th chap-treated, i. e. extracted) from among the ter, De renables estovers. ESTOYER, Estoier, Estere, Ester. L. Fr. [from Lat. stare.] To stand; to stand good; to stand to, or abide. Kelham. Estoyse le primer jugement; the first judgment shall stand. Britt. e. 105. ESTRAUNGE, Estrange. L. Fr. A stranger. Britt. c. 12. Yearb. P. 4 Edw.

East. [Obs.] Chaucer. A suffix used to form the superlative of adjectives and adverbs; as, smoothest; earl(y)iest.

Esther, the book of Esther

Initialism of Eastern Standard Time. | Initialism of Extended Standard Theory. | Alternative letter-case form of est (“Erhard Seminars Training”).

Initialism of English subtitles. | Initialism of expressed sequence tag. | Initialism of endodermal sinus tumor.