for a longer period than two lives in being at the creation of the estate. II. An estate for life. This may be either by express grant or by operation of law. Of the latter kind are dower and curtesy, the respective interests of the wife and husband, each in the lands of the other, in case of survivorship. Estates for life as well as inheritance are included in the common denomination of freehold (liberum tenementum); which term seems to have been derived from the ancient mode of conveyance, which was by livery of seisin, that is, delivery of possession according to the form of feudal investiture. Other estates which were of an inferior nature. could be transferred without this formality. It was chiefly, however, as a distinction from copyhold estates that the term was used. The copyhold was originally an estate at the mere will of the lord, but became established by prescription, the evidence of which was in the rolls of the courts baron, whence the estate was said to be held by copy of court roll; and although it thus became independent of the will of the lord, it was still deemed a base tenure, and the form of conveyance was by surrender to the lord, and a new grant by him to the alience, admitting him to be tenant of the copyhold upon the same terms by which the estate had been formerly held. An estate for life may be either for the life of the tenant himself or of another person. The latter is usually designated as an estate par autre vie. III. Estates less than freehold are for a term of years, or at will, or by sufferance. The first is for a definite period; but whatever may be the length of the period, even if it should be a thousand years, it is still inferior to a freehold, and is classed in law with chattel interests. Thus, upon the death of the tenant, his lease is included with the personal property to be administered as assets, instead of going to the heir. In the state of New York, by statute, leases for a term of years are denominated chattels real; they are made subject to the lien of a judgment, but are to be administered as personal estate by an executor or administrator. An estate held by the deceased for the life of another person is included under the same rules. An estate at will was when lands were occupied by the tenant with consent of the landlord, but without any agreement as to the time the tenant should be permitted to remain. It can hardly be said to exist at present, as the courts now hold a tenancy where no certain term is agreed upon to be from year to year, and reasonable notice must be given of the intention to terminate it. The circumstance that distinguishes the two kinds of tenancy is the reservation of a certain rent, which may be either by express agreement, or by implication from the receipt of rent. If a certain rent is payable, it constitutes an estate from year to year; but if neither rent nor time of occupation be specified, it would be a tenancy at will. An estate by sufferance is where the tenant has been in possession by lawful title, but wrongfully holds

over after the determination of his interest. In such a case the tenant holds by the mere laches of the landlord, and is subject to being turned out by summary proceedings. But any act of the landlord affirming the wrongful holding, as receipt of rent, would convert the naked occupancy into a tenancy from year to year, and is then determinable only at the end of the year. One month's notice to quit is required by statute in New York before taking summary proceedings; but 6 months' notice is necessary to enable the landlord to proceed by action of ejectment. The English statute of frauds (29 Charles II.), which has been generally reenacted in the United States, requires leases for a term of more than one year to be in writing; and in the state of New York a lease for a term exceeding 3 years must be recorded, or it will be inoperative against subsequent bona fide purchasers. Another distinction in the nature of estates has reference to the time when the right is reducible to possession. The right may exist prospectively, and it is then termed an estate in expectancy. It is of two kinds: one created by the act of parties, and called a remainder; the other by operation of law, and called a reversion. An estate in remainder is what remains after a particular estate, either for years or life, to take effect in possession immediately after such estate, and must be created at the same time, though limited to commence in possession at a future time. Thus if a life estate be granted to A, with remainder to B for life, and remainder to C in fee, here are two remainders to commence in future, and the whole property constitutes but one estate. Yet in ordinary phraseology, where there is but one remainder including the whole residue of the estate, the fee is said to be in the person to whom such limitation is made. An estate in reversion is the residue of an estate left in the grantor or his heirs or in the heirs of a testator after the determination of a particular estate granted or devised. The estate reverts by operation of law, and a reservation to the grantor by the deed would have no effect, being only what the law itself prescribes. A contingent remainder is when the limitation depends upon a contingency which is uncertain or may not occur till after the determination of the particular estate; though it is held that such contingency must not be a remote possibility, as if the limitation should be to the heirs of a child not yet born. A single illustration of this kind of estate will be sufficient. If a grant be made to A for life, with remainder to the heirs of B, and B should survive A, inasmuch as he cannot have heirs while living, the remainder would fail; but if the limitation be to A and B during their joint lives, with remainder to the survivor, here the remainder will take effect, though it is uncertain as to the person who will have the benefit of it. An executory devise is a disposition of an estate by will which would not be valid if made by deed, as a limitation of a contingent remainder. The distinction is that

the remainder must take effect immediately upon the determination of the particular estate or not at all; whereas an executory devise is good without a particular estate to support it. Thus if a devise be made to A, to take effect on his marriage, in this case until such marriage the fee descends to the heir at law, subject to being divested by the performance of the condition. There is still another distinction of estates growing out of the nature of the possession, under which head are classed joint tenancy, tenancy in common, and coparcenary. The last of these, which is a descent of an inheritance to female heirs, in which case they take an equal interest in the entire estate, but without being subject to the rule which applied to joint tenancy as to the right of the survivor to the whole, does not exist in the United States, at least is not distinguishable from a tenancy in common. By statute the descent of lands is to all the children, male and female, who hold as tenants in common. So joint tenancy, the peculiar feature of which is that the whole estate vests in the survivor, has been abolished in this country, except in respect to executors and other trustees, and except also when it is expressly declared in the deed or will creating the estate that it is to be held in joint tenancy. In all other cases, where there is a possession of lands by several persons without any separation into specific parts, it is a tenancy in common; and it is not necessary that they should all hold by the same title, or have an equal interest; it is sufficient if each has an interest, and that it is undivided. Such an interest can be conveyed or devised, the same as property held in severalty, and partition may be compelled by either party on application to a competent court. Various equitable interests in lands will be discussed in the article TRUSTS. -We have thus far considered estates of a corporeal nature only; but there are also incorporeal estates, such as rents, easements, &c. But the general principles applicable to the one class will also apply to the other; and whatever there may be peculiar to any particular species of incorporeal estate will be treated under the appropriate head.

ESTE, a princely house of Italy, from which several European dynasties are descended. Its genealogy is conflicting until the 9th century, from which period it is traceable to the petty princes who held Tuscany and other Italian states as imperial fiefs under the Carlovingian emperors. The name of Este was derived from the castle and town of Este (anc. Ateste), 15 m. from Padua, formerly a Roman colony of some note, and now a town of about 9,000 inhabitants in the Venetian delegation of Padua. The more immediate founder of the house was Alberto Azzo II. (born 996, died 1097). By judicious management and by grants from the emperor of Germany he added to the fiefs and manors which he had inherited from his father and uncle until they reached the number of about 80, including the margraviate or marquisate of

Este. By his sons Guelfo IV. (Welf) and Folco I., the Este family was divided into two great German and Italian branches. Guelfo IV. was Alberto Azzo's eldest son by his first wife, Kunitza or Kunigunde, a Bavarian princess of the German house of Welf, who counted their ancestry back to the times of Charlemange. He inherited from his uncle the duchy of Carinthia and the march of Verona, and succeeded to the dukedom of Bavaria in 1071. Through his descendants, the Bavarian dukes, Henry the Proud and Henry the Lion, he became the progenitor of the elder or German branch of the house of Este, from which the lines of Brunswick and Hanover (known also by the name of EsteGuelph) and the reigning dynasty of England. are descended. Folco I. (1060-1135), one of Alberto Azzo's sons by his 2d wife Garsenda, heiress of the counts of Maine in France, became the founder of the principal younger or Italian branch of the house, from whence came the former dukes of Ferrara and the present dukes of Modena. Folco I. was succeeded as marquis of Este by his son Ubizzo (died in 1190), who was confirmed in all his possessions by the emperor of Germany (1184), and appointed marquis or imperial vicar of Milan and Genoa. The foundation of their influence in Ferrara was laid in the 12th century by the marriage of a marquis of Este with Marchesella, the last offspring of the Adelardi family, the popular leaders of the Guelphs against the powerful Ghibelline family Taurello. This marriage secured to the Este family a great political influence, and the possession of Ferrara and of other important Italian towns. Azzo VI. (1170-1212) was placed in 1208 at the head of the government of Ferrara with power to appoint his successor. was the leader of the Guelphs against Ezzelino, the champion of the Ghibellines. Azzo VII. (1205-1264) defeated Ezzelino, and was hailed as the saviour of Lombardy. Ubizzo III. and Nicolo I., sons and successors of Aldobrandino II., took possession of Modena, May 13, 1336. Their brother Rinaldo died during the siege of that city, Dec. 31, 1335; Nicolo died May 1, 1346, and Ubizzo in May, 1352. The titles of duke of Modena and Reggio and of Ferrara were formally conferred upon the marquis Borso of Este (died in 1471), the former in 1452 by the emperor of Germany, and the latter at a subsequent period by Paul II., who held Ferrara as a papal fief. Borso and many of the succeeding dukes were distinguished for their patronage of art and letters. Ercole I. (1433-1505) was the friend of the poet Boiardo or Bojardo, who was often employed in his service. Among the distinguished visitors of his brilliant court was the youthful Ariosto, who afterward became the protégé of Ercole's sons, Cardinal Ippolito of Este (1479-1520) and Alfonso I., the husband of Lucrezia Borgia (1486-1534), who succeeded his father as duke of Ferrara and Modena. This cardinal of Este was the same prelate who became so jealous of his natural brother Giulio that he was accused of having caused him to be

He

blinded. He must not be confounded with his nephew, Cardinal Ippolito of Este, the younger, a brother of Alfonso's successor, Ercole II. (15081519), who built the Estensian villa at Tivoli near Rome. Ercole II. was succeeded by Alfonso II., who was the last legitimate prince of the house of Este, whose court was renowned for its splendor, and whose name, as well as those of his sisters Lucrezia and especially Eleonora, are associated with the misfortunes of the poet Torquato Tasso. The power of the Este family in Ferrara expired with Alfonso II., who died in 1597. His nephew Cesare (a natural son of Alfonso I.) succeeded him, but Ferrara was seized by Clement VIII. as a papal fief. Cesare was compelled to evacuate the city, Jan. 28, 1598, but retained the duchies of Modena and Reggio. These duchies were taken by Napoleon I. in 1797 from the duke Ercole Rinaldo (17271803), and annexed to the Cisalpine republic. The male line expired with him, and his only daughter Maria Beatrice (1752-1829), the last offspring of the Italian branch of the house of Este, married the archduke Ferdinand, 3d son of Francis I. of Austria, who became the founder of the family of Austria-Este. The possessions of Massa Carrara were inherited by her oldest son Francis IV. (1779-1846), who was reinstated as duke of Modena in 1814, and was succeeded by Francis V., archduke of Austria-Este, who was duke of Modena in May, 1859, when war broke out between Austria and France and Sardinia. The name of Este was adopted by the children of the duke of Sussex (1774-1843) and Lady Augusta Murray de Ameland (died in Rome, March 5, 1830). The marriage of the duke with Lady Murray having been deemed a violation of the royal marriage act passed in the reign of George III., it was annulled by the prerogative court and dissolved in Aug. 1794. Their daughter, Augusta Emma d'Este, was married in 1845 to Sir Thomas Wilde (afterward Baron Truro), who died Nov. 11, 1855. Their son, Augustus Frederic d'Este, a colonel in the army, born Jan. 13, 1794, died in Dec. 1848. After the death of William IV. he claimed his recognition as a member of the royal family, but the Hanoverian council of state, to whom he submitted his claim in 1834, refused to take it into consideration. After the death of his father his claims to the dukedom of Sussex were disallowed by the house of lords (July 9, 1844). ESTERHÁZY (or ESZTERHÁZY) OF GALANTHA, a noble Hungarian family, who trace their origin to the 10th century, though there is no authentic record of their existence till the 13th. The oldest branch of the family were created in 1622 counts of Forchtenstein (Hung. Fraknó), and afterward princes of the empire. Among its eminent members were Paul (Hun. Pal) IV. (1635-1713), palatine of Hungary, who contributed among others to the deliverance of Vienna in 1683; Nicholas (Miklós) III. (1740 -1790), who was a zealous patron of science and art, especially of music, Haydn the composer having been his chapel master for 30 years;

and Nicholas (Miklós) IV. (1765-1833), distinguished as a diplomatist and as the founder of a splendid picture gallery at Vienna. It is said that the crown of Hungary was offered to him by Napoleon in 1809, but that he declined it.-PAUL ANTHONY (PÁL ANTAL), son of the preceding, born March 10, 1786, officiated as Austrian ambassador at various courts of Europe, and for several years at that of St. James, where he lived in a magnificent style. In 1848 he occupied for a few months a seat in the Hungarian ministry under Count Louis Batthyanyi, retiring as soon as it became evident that the political independence of Hungary was not possible without a rupture with Austria. He is the present representative of the oldest branch of the Esterházy family, and the most extensive landholder in the Austrian empire; his possessions comprising manors, chateaux, villages, and estates in Hungary, amounting to hundreds. Beside these he owns the manors of Pottenstein and Schwarzbach in Lower Austria, Gailingen in Baden, and Edelstetten in Bavaria. The central administration of his Hungarian possessions is at Eisenstadt, a town 12 m. from Oedenburg, which contains a magnificent palace. In the park is an orangery with 400 orange trees and numerous other species of exotic plants. North of the town are the princely zoological gardens. Other celebrated palaces of the prince are in the village of Esterház (Lower Hungary, circle of Oedenburg on the lake of Neusiedl) and at Vienna. The heir to his title and estates is his son NICHOLAS, born June 25, 1817; married in 1842 a daughter of the earl of Jersey, who died Nov. 17,1853.--Count Valentine (VALENTIN), a member of the Lanschitz branch of the Esterházy family, born Jan. 28, 1814, was Austrian ambassador in Stockholm, in Munich, and from 1854 to 1858 in St. Petersburg. During the Crimean war he was deputed (Dec. 28, 1855) by the Austrian court to propose terms of peace to the Russian government, which were accepted Jan. 11, 1856.

ESTHER (Heb. Hadassa), the name of a Persian queen of Jewish descent, wife of Ahasuerus, and also the title of the Biblical book that contains her history, and the interesting narrative of the delivery of the Jews by her from a general massacre that was to take place on the 13th of the month Adar, throughout the whole Persian empire. The book is one of the smallest historical works of the Hebrew Scriptures, and one of the 5 so called Megilloth, and belongs to the Hagiographa. It is written in remarkably correct, but somewhat modern Hebrew, and distinguished by some new words, and the total absence of any reference to God, notwithstanding the decidedly providential, though not unnatural, concatenation of the events related. It is chiefly this circumstance which has led to the conclusion of some critics, that the book is a translation of, or extract from, a Persian chronicle, though its authorship has also been attributed to Ezra, Mordecai, and other distinguished Jews. The book narrates how the king, incited by his vindictive minis

ter Haman, who was incensed bythe independent spirit of the Jew Mordecai, resolved upon the massacre of all the Jews in his dominions, but was turned from his wicked purpose by Esther, who, inspired by Mordecai, saved her nation at the risk of her own life. To commemorate the almost miraculous salvation of their people, and the destruction of their enemies, Mordecai and Esther introduced the fast of the 13th of Adar, the day of danger, and the festival of Purim or lots, still celebrated by the Jews on the 14th and 15th of the same month, as days of entertainment and joy, and for sending presents to each other, and alms to the poor. On the former of these days the Megillah is read in the synagogues. The Persian name of the queen has been differently translated; and that of the king Ahasuerus, "who reigned from India to Ethiopia over the 127 provinces of the empire of Persia and Media," is a source of contradictory hypotheses among critics. From the last king of Media down to the last king of Persia, each monarch of that united empire has had his advocate. The claims of Xerxes, the mighty, luxurious, and fickle invader of Greece, are best supported by his character; those of Artaxerxes Longimanus, by the authority of the Septuagint and Josephus. The apocryphal additions to the book caused it to be violently attacked by Luther.-By a singular coincidence, another Jewess Esther also attracted the love of a mighty gentile king, Casimir the Great of Poland (1333-1370), became his mistress, and caused a great deal of good to her people, in a time of most barbarous persecutions. Her history has been adorned by the romantic pen of Bernatowicz, Bulgarin, Bronikowski, Jósika, and others; and her memory is preserved by the tomb of Lobzów,near Cracow, once her residence. ESTHONIA (Ger. Esthland; Esth. Wiroma), a government of European Russia, extending along the S. side of the gulf of Finland, having the Baltic sea on the W., the government of Livonia and Lake Peipus on the S., and the government of St. Petersburg on the E., and including Dago and some smaller islands in the Baltic; area, 7,993 sq. m.; pop. about 320,000, consisting chiefly of Esthonians (formerly called by the Russians Tehuds), but including also many Russians, Germans, Swedes, and Danes. Its capital is Revel, which name is also often given to the whole government. The surface is generally low, sandy, rocky, or marshy, and is interspersed with more than 200 lakes, but produces abundantly grains, flax, and pulse. There are many extensive forests of firs and birches. The climate is moist, cold, and salubrious; the winter continues for 8 months, and the transition to summer is sudden. The fisheries are productive, agriculture receives great attention, and the rearing of cattle, and particularly of sheep of the merino and Saxon breeds, is an important interest. Lutheranism is the prevalent religion, but there are also many adherents of the Greek church. The government of Esthonia is divided into 6 districts, Revel, Hapsal, Weissenstein,

Wesenberg, Leal, and Kunda. Its governor is under the orders of a governor-general who resides at Riga, and who has authority also over Livonia and Courland.-The Esthonians are of Finnish descent, of slight stature, daring, and vindictive. They embraced Christianity about the beginning of the 13th century, and fell successively under the power of the merchants of Bremen, the Danes, the Teutonic knights, the Livonian knights (Porte Glaive), and the bishops of Riga and Ungannia. Threatened in 1555 with conquest by Russia, they preferred to recognize the authority of Eric XIV., king of Sweden, whose successors gave legal sanction to the rights of the Esthonians by various treaties, especially by that of Oliva in 1660. In 1710 the country was conquered by Peter the Great in his war with Charles XII., and was definitely confirmed to Russia by the treaty of Nystadt in 1721. The population was from that time kept in the grossest ignorance and degradation, living with their cattle in miserable huts, the doors of which served also for windows and chimneys. Attempts for their emancipation were made by Alexander I. in 1816, who founded schools among them. The Esthonian lords are chiefly of the German race, and to their efforts the ameliorations are to be attributed. There are Esthonian popular songs, of a naïve and melancholy character, versified in the Finnish manner, that is, metrically and alliteratively. The oldest of these is a song of the peasants of the canton of Revel, which has been sung from the time of the introduction of Christianity.

ESTIENNE, or ETIENNE, a celebrated French family of printers. See STEPHENS.

ESTILL, an E. co. of Ky., intersected by the Kentucky river; area about 300 sq. m; pop. in 1850, 5,985, of whom 411 were slaves. It is well supplied with water power, and rich in coal and iron. The surface is uneven or mountainous, and there are many extensive forests. The soil, which is moderately but not uniformly fertile, is suitable for the production of grass and various kinds of grain, and in 1850 yielded 291,728 bushels of Indian corn, 18,629 of oats, and 24,150 lbs. of tobacco. There were 10 churches, and 215 pupils attending public schools. This county was formed in 1808, and named in honor of Capt. James Estill, who fell in an engagement with the Indians in 1782. Capital, Irvine.

ESTOVERS, a Norman term, equivalent to necessaries. The most ordinary use of it was in reference to the right of a tenant of lands to take wood necessary for domestic or farming purposes. In such case it was an exclusive right, and related to wood upon the leased premises. But there could be also common of estovers, that is to say, a right of taking wood from other lands, either in common with other persons, or it might be an exclusive privilege appendant to a particular tenement. The alimony of a wife who had obtained a divorce a mensa et thoro was formerly called estovers, and could be recovered by a writ de estoveriis habendis.

ESTRAYS, or STRAYS, domestic animals,

usually designated as cattle, which are found wandering in enclosed lands, and the owner of which is unknown. In England they belong to the proprietor of the manor on which they are found, provided that after proclamation in the church and two market towns the owner does not appear to claim them within a year and a day. In the old books estrays were described as pecus vagans, quod nullus petit, sequitur, vel advocat; therefore dogs and cats were not included; a swan might be, but no other fowl. In New York, estrays, which by statute are neat cattle, horses, and sheep, found in enclosed grounds between the months of November and April, may be sold by the owner of such grounds who shall have taken up such estrays, upon a certain notice to the town clerk; the proceeds, after paying the expenses of keeping and of sale, to be paid over to the supervisor for the use of the town unless the owner shall claim the same within a year after the sale. The limitation to that particular period of the year is probably be cause at other times cattle are often at large, and find sufficient sustenance by the roadside or upon common lands. In case of damage done by cattle in enclosed lands, a different remedy is provided, viz., by putting them in a pound, and a sale by the pound master to pay such damages and the expenses of keeping, unless the owner shall appear and settle the same within 6 days. So where cattle are at large contrary to village or town regulations, the ordinary proceeding is to put them in a pound, and after a certain time to sell them for the payment of the penalty and charges. ESTREAT (Lat. extractum; Fr. estrete), a term still in use in criminal proceedings, by which is signified the extracting or taking out a record of a court for the purpose of being prosecuted in another court, or it may be in the same court. To estreat a recognizance is to endorse it by order of the court for prosecution. The use of the term probably grew out of the custom in England of sending all recognizances to the court of exchequer to be prosecuted.

ESTRÉES, GABRIELLE D', mistress of Henry IV. of France, born in 1571, died April 10, 1599. In 1590 she met Henry for the first time at the chateau of Cœuvres, where she resided with her family. She was fair and of singularly delicate complexion; her eyes were blue, and combined in a remarkable degree tenderness with brilliancy of expression; her hair had a golden hue, her forehead was bold and large, her whole presence was beaming with intelligence and instinct with gentleness and grace. She inspired the French monarch with a violent passion, which, however, did not interrupt her relation with her old lover, the duke of Bellegarde. The king caused her to take M. de Liancourt for her nominal husband, and subsequently raised her to the rank of marchioness of Monceaux, and in 1595 to that of duchess of Beaufort. At the same time he lavished riches upon her in great profusion, and at the time of her death she was the owner of more than 12 estates, some of which are to this day pointed out in the vicinity of Paris. The ex

travagance of frivolous ladies of our days dwindles into insignificance compared to the fabulous display of Gabrielle on all public occasions. Henry would have divorced himself (as he afterward did) from Margaret of Valois, his legitimate wife, for the purpose of raising Gabrielle to the throne of France, if it had not been for his minister and friend Sully, who was the only person with whose influence she was unable to cope. She had 3 children by the king, 2 sons and a daughter.

ESTREMADURA, a province of Portugal, on the W. side of the kingdom, between Douro, Beira, Alemtejo, and the Atlantic ocean; area, 7,256 sq. m.; pop. 806,000. It contains the cities of Lisbon and Leiria. Its soil is watered and fertilized by numerous streams, the principal of which are the Tagus and the Soldao. Grains, fruits, and wines are produced. It has suffered from earthquakes, and has unexplored mines.

ESTREMADURA, an old province of Spain, in the W. part of the peninsula, comprising the modern provinces of Badajoz and Caceres, bounded N. by the province of Salamanca, E. by those of Toledo, Ciudad Real, and Cordova, S. by those of Seville and Huelva, and W. by Portugal; area, 14,742 sq. m.; pop. 601,124. It is entirely surrounded by mountains, and is divided naturally into 3 parts by the rivers Tagus and Guadiana, and into 2 parts by the mountains of Guadalupe, San Pedro, and San Mamed. These mountains, forming but a single chain, traverse the province from E. to W., and form the boundary between its two present divisions. The soil of Estremadura is very fertile, and if well cultivated would produce sufficient to support a third of the population of Spain; but nearly all the large proprietors reserve their lands for the pasturing of their flocks, so that the agricultural products are few. A little barley and wheat are cultivated, and chestnuts are abundant, and are the principal food of the inhabitants. This province is distant from the sea, and has no great highways. Even its rivers are little used for navigation. Its manufactures are of no importance, and it has neglected mines of lead, silver, and coal. It was formerly a part of the kingdom of Leon, and was the last province conquered by Alfonso IX. of that kingdom; whence the name of Estremadura, from extrema ora, last region.

ESZEK, ESSECK, or ESSEG (Hun. Eszék), a town and fortress of Austria, capital of Slavonia, and of a circle of its own name, on the river Drave, 13 m. from its confluence with the Danube; pop. 12,600. It is the centre of the commerce and industry of Slavonia. Fairs for cattle, corn, and other produce are held here 4 times a year. The Drave has been made available for steamboat navigation within the last few years. There are 1 Catholic and 3 Greek churches, and other public institutions and buildings. The fortress contains an arsenal and barracks for 30,000 men. During the revolutionary period of 1848'49, the fortress was occupied by the Hungarians until Feb. 14, 1849, when it surrendered to the