England no longer permits the entailing of estates for long periods. In this country, the matter is controlled by statutes of the different states. A person is permitted to give real estate, by will, to a person for the latter's life, and then to a person not yet born. The latter takes the estate in fee. A person is not permitted to give property to A, and to the unborn child of the unborn child of A. If this is attempted, when A has a child, the latter takes an estate in fee simple. The above doctrine is called the rule against perpetuities.
289. Life Estates. An estate created to exist during the life of the holder, during the life of a third person, or until an uncertain event happens or fails to happen, is called a life estate. Life estates embrace homestead estates, dower estates, and estates by the curtesy. If A gives B a farm for life, remainder in fee to C, B takes a life estate. He may sell or transfer his life estate, but no more. If A dies leaving a will, by the terms of which B, his wife, is given a farm for life, or during widowhood, B takes a life estate in the farm. If she marries, she loses her estate. This estate may be created by deed as well as by will.
290. Estates by the Curtesy. At common law, the husband, at the wife's death, has a life estate in the real property owned by the wife, if issue has been born alive during the life of the wife. The husband may waive his right to the estate if he signs a deed with the wife, whereby he expressly waives his right to his estate by the curtesy. The interest of the husband in the estate of his wife, is at the present time in most states regulated by statute.
291. Dower Estates. At common law, at the death of her husband, a wife takes a life interest in one-third the real property owned by her husband during the marriage. If A owns one hundred acres of land, and dies, leaving a wife, B, B takes one-third interest for life in the one hundred acres of land. This interest of B is called her dower estate. Some states by statute provide that the wife shall have a definite share of the husband's estate at the latter's death. In the states having these statutes, the wife is not entitled to dower, but takes the prescribed share in place thereof. The husband cannot deprive the wife of right of dower, by transferring his real estate. If she does not expressly release dower in the deed of conveyance, it may be enforced against the estate, if she survives her husband.
292. Exempt Estates. The states generally provide by statute that certain property shall be exempt from execution on judgment obtained by creditors of the owner. Exemption statutes usually provide that a certain amount of real estate used as a home by the owner shall not be subjected to the satisfaction of judgments of creditors. If the debtor has no real property used as a home, he is sometimes permitted to retain a certain amount of personal property in place thereof. This statutory right to keep a certain amount of real property exempt from creditors is sometimes called a debtor's homestead estate. It exists during the life of the owner.
293. Estates for Years. 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. Persons occupying a position inferior to that of freemen under the early English law, sometimes called villeins, were permitted to hold estates for years, but not freehold estates.
If A leases his farm to B for five years, B has an estate for years. If A leases his house and lot to B for one month, B has an estate for years. If A leases his house and lot to B for two years, and to C for three years, C's estate to follow B's, B and C have estates for years. Estates for years are also discussed under Landlord and Tenant. Estates for years are commonly called leases or leaseholds. A holder of an estate for years may assign or sublet his estate, unless it is provided otherwise in his lease.
294. Waste. If persons have estates for years or life in real property, certain rules for the use of such property are recognized in order that they may not destroy or injure the remaining estate. That is, if A has an estate for life in a farm, and B has the remainder, A is not permitted to destroy B's interest. If a tenant for life or years so treats the estate as permanently to injure it, he is said to commit waste. A tenant for life is not permitted to cut off the timber. He may cut out underbrush. If such is the custom in the vicinity, he may cut timber for fuel and to repair buildings and fences. The general rule is, that a tenant for life or years may so use the estate as not permanently to injure or destroy it. He is entitled to the fruits and crops, to cultivate the estate to advantage, but not to destroy the buildings or fences, or to so treat the land as ultimately to destroy its productiveness.
295. Estates at Will and at Sufferance. Estates at will and at sufferance are discussed under the title of Landlord and Tenant. They are estates in land, and are classified as estates less than freehold. An estate which may be ended at the desire or will of either party is known as an estate at will. If A and B agree that A may occupy B's house, A to pay thirty dollars per month, the tenancy to cease at the desire of either party, A is said to be a tenant at will, and the estate he possesses is called an estate at will. It is not transferable. If A attempts to assign his lease, it ceases. An estate at will is terminated by either party notifying the other of his intention to terminate the lease or by either party doing anything inconsistent with the estate. If the owner dies, the estate is terminated.
If a person has a lawful estate in land, and retains possession without right after his interest ceases, he is said to be a tenant at sufferance. If A rents B's house for one year, and, at the expiration of the year he still occupies the house without B's consent, he is a tenant at sufferance. He, in fact, has no estate in the premises except that which the owner suffers him to enjoy. This interest is called an estate at sufferance. A tenant at sufferance is a wrongdoer. He may be ejected at the will of the owner. The owner is not permitted to use excessive force in ejecting a tenant at sufferance. He may use the force necessary to eject him. At the present time, most of the states have statutory provisions by which unlawful tenants may be ejected by legal process.