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§ 92. Of Estates in Dower.

An estate in dower is the estate which a surviving wife has, by operation of law, in one third of the real property of a deceased husband, who, during their married lifetime, was seised of such an estate in fee, in such real property, as her children could have inherited. This estate resembles that by curtesy. The rule as to marriage is the same. The rule as to seisin differs in this: that to create an estate in dower the husband need only have had seisin in law with right to immediate seisin in fact. A widow has no right to take specific land as dower before the same is set out to her, and, until this is done, she is usually entitled to support out of the estate. In some States, the widow has dower only in the real property of which her husband was seised in fee at the time of his death. The right of a widow to her dower may be destroyed by her acceptance, either before marriage or after the death of her husband, of some other competent provision made by him for her in lieu of dower. Dower, as well as curtesy, is also barred by a divorce from the bonds of marriage.

Read 2 Bl. Comm., pp. 129-139.

1 Cruise Dig., Tit. vi, vii.

4 Kent Comm., Lect. lv, pp. 35-72.
Will. R. P., pp. 213-217.

1 Wash. R. P., B. i, Ch. vii, viii.

§ 93. Of the Incidents of Estates for Life.

The owner of an estate for life has a right to the full enjoyment and use of the property and all its profits, during his estate; but, with the exception of tenant in tail after possibility of issue extinct, has no right to so use it as to impair the value of the estates which succeed his own. He may take from the land such wood as he needs for his fire, and for the necessary repairs of his tools, fences, and

buildings. He may also take minerals and ores from mines already opened. He has a right to the annual crops, and, if his estate determines between planting and harvest, otherwise than by his own act, his executors may gather them. The same rights vest in his under-tenants; and these do not lose their crops, even though the estate of the tenant for life be terminated by his voluntary act.

Read? Bl. Comm., pp. 122–124.

1 Cruise Dig., Tit. iii, Ch. i, §§ 17-31; Ch. i1.
4 Kent Comm., Lect. lv, pp. 73-82.

Will. R. P., pp. 23-25.

1 Wash. R. P., B. i, Ch. v, Sec. 2, 3, 4.

CHAPTER VI.

OF PERSONAL ESTATES IN REAL PROPERTY.

$94. Of Estates for Years.

Personal estates in real property are four: Estates for years; Estates at will; Estates from year to year; Estates by sufferance. An estate for years is an estate so created as to begin and end at certain specified dates. It is also called a term (from terminus) on account of its predetermined duration. It is usually created by a contract, called a lease, and may be limited to endure for a day, a year, a century, or any other fixed period. It may be created to commence either immediately or at some future day, but the estate vests in the lessee only when he begins to occupy the land. The lessee does not own the soil, but, within the limits created by his contract, he does own all the profits of it and all the use that can be made of it. He has a right to take necessary wood for his fuel and repairs; to gather and remove the crops whenever his estate terminates, without his own concurrence, before its specified end and between planting and harvest; to work mines already open; to erect buildings and remove them; and otherwise to employ and appropriate the current products of the land. He may also assign and convey his whole estate to others, or underlet a part thereof. This is practically one of the most important estates known to the law.

Read 2 Bl. Comm., pp. 140-145.

1 Cruise Dig., Tit. viii.

4 Kent Comm., Lect. lvi, pp. 85-111.

Will. R. P., pp. 359–376.

1 Wash. R. P., B. i, Ch. x.

§ 95. Of Estates at Will.

An estate at will is an estate so created as to continue during the will of the parties. It may be created by express grant, or by implication of law; and, generally, whenever a person is let into land by the owner thereof, without the grant of a freehold interest or of a certain term, and not under circumstances which show an intention to create an estate from year to year, as hereafter explained, the person so let in has an estate at will. The estate may be determined at the will of either party. Any acts of the lessor in assertion of his right of possession, or any acts of abandonment of possession on the part of the lessee, or the death of either party, put an end to this estate. While it exists it is a mere scintilla of interest, entitling the lessee only to the usufruct of the land. He has nothing that he can assign, though he may underlet. He is entitled to take necessary wood for his fire and repairs; and when his estate is determined by his lessor, without his consent, between planting and harvest, he can harvest and carry away the crops which he has planted. The liability of these estates to sudden termination, at the will of either party, was long ago restricted by the adoption of a rule, requiring that such party should give notice to the other of his intention to determine the estate. time when this notice should be given was left uncertain; in some cases it being required to be given on the rent-day next preceding the day named as the cessation of the estate; in other cases, within a reasonable time. This rule, of course, destroyed the essential characteristic of an estate at will wherever it was applied, although there still may be estates which are so created that this rule cannot apply, and which will, therefore, be strictly estates at will. Read 2 Bl. Comm., pp. 145-150.

1 Cruise Dig., Tit. ix, Ch. i, §§ 1-19.

4 Kent Comm., Lect. lvi, p. 111.

Will. R. P.,

p. 360.

1 Wash. R. P., B. i, Ch. xi, Sec. 1.

The

§ 96. Of Estates from Year to Year.

An estate from year to year is an estate so created that the law implies an agreement between the parties that the estate shall cease one year from the date of its beginning. This estate grew out of the uncertainty of the rule as to the time when a notice to quit must be given, in order to determine an estate at will, and was the result of judicial legislation. It exists wherever an estate is created by a parol lease, reserving rent payable yearly or at aliquot parts of a year, and fixing no time for the termination of the estate. Such an estate is also implied from the occupation by one of the land of another, and the payment and acceptance of rent yearly or at aliquot parts of a year, without any express agreement. This estate, once created, continues until determined by notice to quit, or by some other sufficient legal cause. If the tenant holds, without such notice, into a second year, the law implies an agreement that the estate shall continue, upon the same terms as before, during that year, and in the same manner in successive years. The necessity of notice, in order to determine this estate, binds the lessee as well as the lessor. This notice must clearly indicate when the estate is to cease, and the date so fixed must correspond with the end of the period during which the tenant may lawfully hold. At common law, this notice must be given six months before the designated end of the estate, but this rule is often varied by statute. The notice, once given, may be revoked by mutual consent, in which case the estate continues as before. This estate, unlike the ordinary estate at will, may survive the lessee, and vest in his personal representatives. It is also assignable.

Read 2 Bl. Comm., p. 147.

1 Cruise Dig., Tit. ix, Ch. i, §§ 20–32.
4 Kent Comm., Lect. lvi, pp. 111-116.
Will. R. P., pp. 360, 361.

1 Wash. R. P., B. i, Ch. xi, Sec. 2.

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