Estate (property)

“ A widower, if his wife has borne a living child, is entitled to the use of one-third of her real estate for life, and one-third of her personal property. If there are no heirs, lineal or collateral, he takes the whole estate absolutely. ”

“ And the first question that would seem to arise is, whether the term estate, as here used, will extend to the interest which the debtor has in lands held adversely. An estate in lands, tenements, and hereditaments, signifies such interest as a person has therein, and is the condition or circumstance in which the owner stands with regard to his property. Coke. sec. 345. a. 2 Black. Com. 103.
The language of the act is broad enough to include a right of entry; and there can be no reason to believe that such was not the intention of the legislature. ”

“ The term 'property' is used in a comprehensive sense and includes all objects or rights which are susceptible of ownership. The term 'interest' refers to the extent of ownership, that is, to the estate or the quality and quantum of ownership by the surviving spouse or other person, of particular property.' S.Rep. ”

“ Long terms in some states have annexed to them the properties of freehold estates. In some states estates pur autre vie descend like real property; in others an estate pur autre vie is deemed freehold only during the life of the grantee ”

“ An estate pur autre vie in incorporeal hereditaments—as a rent, for instance, granted by one person to another, during the life of a third party, and the grantor of which dies during the life-time of the person who holds the property—goes to the executor. ”

“ I am old, and must soon pass away, and instead of leaving you and your parents, who would be my legitimate heirs, to squabble over my property when I am gone, I decided to excute a will bequeathing my estate to some one who would take proper care of it and maintain it in a creditable manner. ”

“ So also if the father be tenant in tail, and alienes the estate-tail to a stranger in fee, the alienee thereby gains the right of possession, and the son hath only the mere right or right of property. And hence it will follow, that one man may have the possession, another the right of possession, and a third the right of property. ”

“ But the man who has a country estate bordering on the property is willing to pay the company a small sum just to round out his estate, and your interest in it we calculate would be about two hundred dollars. ”

“ The principle deducible from these authorities seems to be, that, whatever may be the form or nature of the conveyance used to pass real property, if the grantor sets forth on the face of the instrument, by way of recital or averment, that he is seized or possessed of a particular estate in the premises, and which estate the deed purports to convey ”

“ There is an estate on which we pay no tax and which is not susceptible of improvement. It is of indefinite extent and is to be reached by taking the road to the nearest woods and fields. While this is quite as valuable as any property we may possess, as a matter of fact few assert their title to it. ”

“ To read one verse, or even one word, in a spirit of joy and radiance, is preferable to the perusal of many Books.
69. QUESTION: May a person, in drawing up his will, assign some portion of his property—beyond that which is devoted to payment of Ḥuqúqu’lláh and the settlement of debts—to works of charity, or is he entitled to do no more than allocate a certain sum to cover funeral and burial expenses, so that the rest of his estate will be distributed in the manner fixed by God among the designated categories of heirs?
ANSWER: A person hath full jurisdiction over his property. ”

“ No limitation on this general principle arises from the mere fact of the particular situation of the property, as the principle is general and embraces all the property of the bankrupt estate, wherever situated. ”

“ It has control over property within its limits; and the condition of ownership of real estate therein, whether the owner be stranger or citizen, is subjection to its rules concerning the holding, the transfer, liability to obligations, private or public, and the modes of establishing titles thereto. ”

“ Thus for instance the law of property of the Middle Ages, with the object of preserving family property from generation to generation, and protecting it against dissipation, declares family property or "Estate" to be inalienable without the consent of the heirs. ”

“ Property transmitted at death. If personal property was acquired by specific bequest, or if real property was acquired by general or specific devise or by intestacy, the basis shall be the fair market value of the property at the time of the death of the decedent. If the property was acquired by the decedent's estate from the decedent, the basis in the hands of the estate shall be the fair market value of the property at the time of the death of the decedent. ”

“ The estate which remains in the same family in England for three generations, and continues throughout the property of a single individual, is here distributed among twenty or thirty, and often a far greater number. ”

“ The next provision invests his executors with full power and authority to sell and convey any part of his estate wherever situated, which is not in the will specifically devised or bequeathed. He next directs that in the event of the sale of his Ashland property, the proceeds shall be loaned out upon good and sufficient security, and that the interest accruing thereon be regularly paid to his wife during her life, and upon her death, the property in trust should pass into his residuary estate after the payment of the legacies mentioned in the will. ”

“ In the law of property the word is employed in several senses. In the widest sense a man’s estate comprises his entire belongings; so much of it as consists of land and certain other interests associated therewith is his “real estate”; the rest is his “personal estate.” The word is more particularly applied to interests in land, and in popular and general use “an estate” means the land itself. ”

“ The estate of the dead man was comparatively small—a city house on a fashionable street, Sunnyside, a large estate largely mortgaged, an insurance of fifty thousand dollars, and some personal property—this was all. ”

“ Any person owning and actually occupying any dwelling and real estate can file for record, in same manner as a deed, a declaration that he occupies and intends to occupy said dwelling and real estate as a homestead, and from the filing such declaration said [43] property, to the value of one thousand dollars, shall be exempt from execution so long as actually occupied by the owner as a dwelling, and only the excess in value above one thousand dollars can be set off. ”

“ Feudal principles apply to real estate. The notions of personal property of the common law, which is founded on natural law, depend materially on possession, and that of an adverse character, exclusive in its nature and pretensions. ”

“ Suppose an estate, held by A for life, with remainder to his eldest son, in tail. On the eldest son attaining 21, or on marriage, the entail is barred, and the father and son join in resettling the property, cutting down the son's estate tail to a life estate, in consideration of his obtaining an immediate allowance from his father, and giving the son's eldest son in turn an estate tail. Provision is made for jointuring the widow of the tenant for life, and for raising portions for his younger children. ”

“ Where the father was a landowner, for instance, the principal estate always descended to the son, whereas the daughter had to be content with some smaller estate of less value, or with part of the personal property. ”

“ No estate or interest in real property other than a lease for a term not exceeding one year, nor any trust or power concerning such property, can be created, transferred, or declared otherwise than by operation of law or by a conveyance or other instrument in writing, subscribed by the party creating, transferring, or declaring the same, or by his lawful agent, under written authority, and executed with such formalities as are required by law.' 'Sec. ”

“ In that case an administrator sold property of the estate, the order of sale directing that he take from the purchaser two good sureties as well as mortgages upon the property, as provided by the statute. ”

“ Never by a process of logical deduction from the idea of abstract ownership could we distinguish the incidents of an estate in fee simple from those of an estate for life, or those of an estate for life from those of an estate for years. ”

“ Estates not of freehold or less than freehold are subdivided into (i.) estates for years (often called estates for a term of years, the instrument creating it being termed a lease or demise, and the estate itself a leasehold interest) ; (ii.) estates at will, that is, where lands or tenements are let by one man to another to have and to hold at the will of the lessor; (iii.) estates at sufferance, where one comes into possession of land under a lawful title, and continues in possession after his title has determined. ”

“ But if a man grant an estate in fee-simple, reserving to himself and his heirs a certain rent; and that, if such rent be not paid at the times limited, it shall be lawful for him and his heirs to re-enter, and avoid the estate ”

“ The right to the possession, or the contract for possession of land for a definite period of time is called an estate for years. Originally in England, only freemen could hold freehold estates. Freehold estates are those of inheritance and those less than inheritance. ”

“ Another kind of life estate is that which is acquired, not by the acts of the parties, as by lease, but by the operation of law. Such is the right of a husband to the real estate of his wife acquired by her before or after marriage. ”

“ In some other cases, when all the interests are legal and not equitable, the owner of the first estate of freehold, representing the whole estate, and identified in interest with all who come after him, sufficiently represents those yet unborn. ”

“ On the other hand, the lord may not enter the land to cut his own timber or open his mines. The limitations of estates usual in respect of other lands, as found in copyhold, become subject of course to the operations of its peculiar conditions as to the relation of lord and tenant. An estate for life, or pour autre vie (i.e. for another’s life) , an estate entail, or in fee-simple, may be carved out of copyhold. ”

“ That one who wrongfully dispossessed another of his land, succeeded to the estate or interest in the land, was one of the most deeply rooted doctrines of the common law from the time when the idea of an estate in lands was first conceived. ”

“ Among other subjects which have been dealt with by legislation in the 19th century may be mentioned land transfer, registration, mortgage, partition, excambion, fixtures, taking of land in execution, declaration of title and apportionment. Hardly a year passes in which the land law is not altered to a greater or less degree.
Real estate at the present day is either legal or equitable, a difference resting mainly upon historical grounds. ”

“ If the estate is for an indefinite period, but is terminable at the wish of either party, no matter what the arrangement for paying the rent, it is an estate at will, as distinguished from an estate for years, and an estate from year to year. ”

“ By sect. 127 it is provided that any disposition by will, or deed, or descent, by reason whereof any person shall become beneficially entitled in possession or expectancy to any real estate or any interest therein upon the death of any person, shall be deemed to confer a succession. ”

“ Fearne to the effect that a trust or use created by deed will often be held to create an estate in the heirs named which cannot be cut off by the act of the tenant for life, when the same offect would not be given to an estate created by like language in a devise. ”

“ May not the term interest, contained in that enumeration, considered in its relative collocation to the terms rents and profits, be understood as equivalent with the word estate, especially when the terms rents and profits may be correctly taken to cover interest understood as mere revenue, and still more especially when we keep in view the previous purpose set forth in the deed,-that of settling on the feme, and subjecting to her disposition by deed or will, the whole of her estate, real and personal? ”