until some future time. The most common of these are reversions and remainders. A reversion is that future interest in lands which an owner has, after having conveyed a present estate to another person; as, for example, Smith, owning a fee, grants and conveys a life estate to Brown. The part of the fee left to Smith is a reversion. A remainder is a future estate in lands, which is preceded and supported by a particular estate in possession; and it takes effect in possession immediately upon the termination of the prior particular estate, and it is created at the same time and by the same instrument that creates the particular estate. By particular estate is meant a part or portion of the entire fee or interest; as, for example, a life estate is a particular estate. Suppose A has a fee simple estate in a quarter section of land and dies leaving a will whereby he devises to his wife a life estate in the land and the remainder in fee to his sons, John and James. The life estate of the widow is a freehold particular estate in possession and in severalty. The estate to the sons is a freehold of inheritance, and is a remainder in fee owned by them as tenants in common. Remainders are either vested or contingent. A remainder is vested when the title has already passed to the remainderman, as in the above example. It is contingent when the passing of title is withheld or suspended until the happening of some event which may or may not take place in the future, as the foregoing remainder to the sons would be contingent if it were given "to those of my sons who shall survive their mother." In such case it could not be known just which would survive their mother, and title would not pass until her death had rendered such fact ascertainable.

An estate is the specific degree of interest or right of property in lands.

A freehold is an estate of indefinite duration.

A leasehold is an estate of definite or fixed duration.

An estate of inheritance is one which passes by descent to the heirs

of the owner upon his death.

Dower is the estate which the law provides for the wife out of the real property of the husband.

Curtesy is the life estate created by law for the husband out of the inheritable estates of the wife.

Homestead is the estate which statutory law exempts from levy and sale under execution for the debts of the head of the family in order to preserve a home for the family.

An estate in severalty is owned by one person.

A joint estate is owned by two or more persons.

Partition is the proceeding whereby joint estates are apportioned into estates of severalty according to the interests of the joint owners. A reversion is the future estate in lands which the owner has after having conveyed a present estate to another.

A remainder is a future estate in lands preceded and supported by a particular estate in possession, both the remainder and particular estate being created at the same time by the same instrument.

366. QUESTIONS

Define estate. What three elements does it embrace?

the four chief characteristics estates possess?

Define a freehold; a leasehold. Classify freeholds.

What are

What is an estate of inheritance? What are the principal estates arising out of the marriage relation?

Define dower. What is its extent or duration and out of what estates does it issue?

Define curtesy and enumerate the essentials necessary to its attaching. Describe homestead and define its purpose. How may homestead be lost or extinguished?

Classify estates according to number of owners. Define an estate in severalty; a joint estate; a joint tenancy; a tenancy in common. Distinguish between a joint tenancy and a tenancy in common. What is an estate in partnership? Define partition, both voluntary and compulsory.

Distinguish between present estates and estates in expectancy.

Define a reversion; a remainder; a vested remainder; a contingent remainder. Give illustrations. What is a particular estate?

367. Leaseholds, or estates less than freeholds, as stated before, are regarded as personal property. Out of this interest arises the relation of landlord and tenant, which is a contract relation, the contract being known as a lease. The leaseholds comprise estates or tenancies for years, or at will, also from year to year, and by sufferance. An estate for years is an estate limited for a certain definite time, and may be created orally, or by an instrument in writing; but must be created by an instrument in writing if it is to endure beyond the minimum period fixed by the Statute of Frauds (usually one or three years) from the

date of the instrument. It does not become an estate until entry by the lessee; then from the lease and the entry arises the relation of landlord and tenant. An estate for years is also called a "term." While the estate endures the tenant alone can sue for injury to the possession, but the landlord may sue for injury to the reversion, which is that estate in the realty which he still owns after the termination of the estate for years. It is sometimes held that where a tenant holds over after the expiration of his term, such holding over constitutes a renewal of the original lease upon the same terms.

1. Lease. The lease should contain the names of the parties, a description from which the property can be readily identified, the date at which the term is to begin and its duration, the amount of rent reserved and the periods at which it is payable, and what is known as "operative words," which are words or phrases that express the intention of the lessor to convey the term or leasehold interest to the lessee. These are such words as "demise and lease." In addition a lease usually contains various stipulations called covenants, to be kept or performed by the lessor and lessee. A written lease should contain the full contract or relate to a written memorandum made a part thereof. It should be signed by both parties and dated. Ordinarily, leases are not recorded unless they are for long periods.

2. Covenants are agreements, fixing the rights and liabilities of the respective parties. Among these is the covenant by the lessee to pay rent, which is usually expressly stipulated to be paid in advance at certain payment periods, otherwise at common law where there is no agreement as to time of payment, rent is not payable until the end of the term. On the part of the lessor a covenant for the quiet enjoyment of the premises is said to be implied from the relation of landlord and tenant, also from the use of operative words, "demise and lease," or "grant and demise." The lessor also impliedly covenants for the payment of taxes. Other covenants are those to insure, to repair, to renew the lease. The lessor does not impliedly warrant the condition of the property nor its fitness for the uses for which it

In Consideration of the rents and covenants hereinafter expressed, the said party of the first part has Demised and Leased, and does hereby demise and lease to the said part y of the second part...:

the following premises, viz:

The second apartment, known as 2476 Catalpa Ct. in said City of Rock Island,

with the privileges and appurtenances, for and during the term of one year --...from the first

which term will end...

day of- October September 30, 1914

1913

And the said part y of the second part covenant S that he will pay to the party of the first part, for the use of said premises, the -monthly

rent of

fifty- Dollars ($50.00), to be paid monthly in advance on the first day of each and every month during said term. And Provided, said part y of the second part shall fail to pay said rent, or any part thereof, when it becomes due...

it is agreed that said party of the first

part may sue for the same, or re-enter said premises, or resort to any legal remedy. The party of the first -part agrees to pay all..: be assessed on said premises during said term.

taxes to

The party of the second part covenant S that at the expiration of said term he will surrender up said premises to the party of the first part in as good condition as now, necessary wear and damage by the elements excepted...

Witness the hands and seals of the said parties the day and year first above written.

is rented; he must not, however, hide its known defects. The lessee should inspect the premises for himself. The lessee in the absence of an express agreement in the lease by the lessor to