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from year to year," which are a development of tenancies at will, and "tenancies by sufferance," which are not estates, and arise merely from the continuance of occupation by a tenant after his right to do so has expired. Estates less than freehold are also, as before stated, sometimes called "leasehold" estates or interests, and sometimes "chattels real."

These various estates, thus classified with reference to their quantum or duration, may be tabulated as follows:

L. Freehold estates.

A Estates of inheritance.

(1) Fee simple.

(2) Fee tail.

B. Estates not of inheritance (life estates).

(1) Conventional life estates.

(a) Estates for life of the tenant.

(b) Estates pur autre vie.

(2) Legal life estates.

(a) Tenancy in tail after possibility of issue

extinct.

(b) Dower.

(c) Curtesy.

(d) Estate during coverture.

II. Estates less than freehold (leasehold estates, chattels real).

A. Estates for years.

B. Tenancy at will.

C. Tenancy from year to year.

D. Tenancy by sufferance.

Besides being classified as above according to their quantum or duration, estates are also distinguished according as they give rights of present or future enjoyment, and those of the latter class, called "future estates," are subclassified according to the mode or terms of their creation. A statement of these classes at the present time would, however, serve only to confuse the student, and accordingly it will be deferred til we come to consider future estates in detail.

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33.

84.

Estate pur autre vie-Succession on owner's death.

Tenancy in tail after possibility of issue extinct.

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(D) Tenancy by sufferance-Tenant holding over.

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76. Effect of enforcement of forfeiture.
77. Relief against forfeiture.

(B) Estates on special limitation.

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80.

Particular estates subject to special limitation.

81. Determinable, base, or qualified fees.

I (A). ESTATE IN FEE SIMPLE.

An estate in fee simple is the entire interest and property in land, the tenant holding the land to him and his heirs for

ever.

To create a fee simple by an express limitation in a deed to a natural person or persons, as distinguished from a corporation, the limitation must, at common law, be to the grantee "and his heirs," or, in case of two or more grantees, to them "and their heirs." By statute, however, in many states, the use of the word "heirs" is no longer necessary.

In a will, as distinguished from a deed, a fee simple may be created, in the absence of the word "heirs," by any expressions or provisions indicating an intention to that effect. By statute in most states, the devisee takes a fee simple unless a different intention is apparent

The incidents and characteristics of an estate in fee simple

are

(1) On the owner's death intestate, it passes to his heirs, either lineal or collateral.

(2) It may be alienated by the owner by conveyance inter vivos or by will.

(3) It is liable for the owner's debts.

(4) There is no restriction upon the owner's manner of using the property, provided he does not create a nuisance.

(5) It is subject to dower and curtesy.

(6) It is subject to the power of eminent domain, and is liable to escheat to the state in certain cases.

19. Nature of estate.

The word "fee" was originally used in the sense of "feud,"

referring to land which was held of a feudal superior, in contradistinction to land held allodially; but as it came to be recognized that all land was held of a superior, the word gradually acquired the signification of an estate of inherit ance, that is, one which passes to the heirs of the owner.'

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The words "fee simple," or "fee simple absolute," are used in contradistinction to other estates of inheritance, hereafter discussed, such as "fee tail" or "qualified fee," but the word "fee" alone, without any qualifying words, means a fee simple, and is often used in that sense."

An estate in fee simple is, even in England, equivalent to the absolute interest in the property, with the exception that the lord, who is now in most cases the king, has certain rights of seignory, rarely exercised. So, in this country, a fee simple is the absolute and entire property in the land; this being true for all practical purposes, even in jurisdictions in which land is to be regarded as held of the state.*

20. Words of limitation-(a) In deed.

Originally, under the feudal system, land being granted by the lord as strictly in compensation for personal services, the estate granted was for the life of the grantee only, and the land reverted to the lord upon the grantee's death. Later the grant was extended to the sons and other issue of the grantee, under the designation of "heirs," they being entitled to stand in the place of their ancestor after his death, if mentioned in the grant, and only then. Thereafter the word "heirs," when used in a grant, in the phrase "to a man and his heirs," came to include collateral as well as lineal heirs,

12 Bl. Comm. 106; Challis, Real Prop. 167. See ante, § 7.

2 Bl. Comm. 104; 1 Washburn, Real Prop. 51; Jecko v. Taussig,

45 Mo. 167; Haynes v. Bourn, 42 Vt. 686.

2 Bl. Comm. 105; Challis. Real Prop. 29, 42.

Haynes v. Bourn, 42 Vt. 686. See, as to holding of the state, ante, § 14.

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