In English law, an estover is an allowance made to a person out of an estate, or other thing, for his or her support. The word estover can also mean specifically an allowance of wood that a tenant is allowed to take from the commons, for life or a period of years, for the implements of husbandry, hedges and fences, and for firewood. [1]
The word derives from the French estover, estovoir, a verb used as a substantive meaning "that which is necessary". This word is of disputed origin; it has been referred to the Latin stare, to stand, or studere, to desire. [1]
The Old English word for estover was bote or boot, also spelled bot or bót, (literally meaning 'good' or 'profit' and cognate with the word better). The various kinds of estovers were known as house-bote, cart or plough-bote, hedge or hay-bote, and fire-bote. Anglo-Saxon law also imposed "bot" fines in the modern sense of compensation. [2] These rights might be restricted by express covenants. Copyholders had similar rights over the land they occupied and over the waste of the manor, in which case the rights are known as Commons of estovers. [1]
Burrill in his dated A law dictionary and glossary published in New York (1871) states:
ESTOVER. L. Fr. and Eng. [L. Lat estoverium.] An allowance made to a person. See Estoverium. The plural only (estovers) is now used. See Estovers.
...
ESTOVERS. L.Fr. and Eng. [L. Lat. estoveria and more anciently estoverium; from Fr. estouver', estover, or estoffer, to furnish, supply or maintain.]
An allowance made to a person out of an estate, or other thing for his or her support, as for food and raiment, (in victu et vestitu). Stat, Gloc. c. 4. See Estover, Estoverium. An allowance (more commonly called alimony ,) granted to a woman divorced a mensa et thoro, for her support out of her husband's estate. 1 Bl Com. 441.
An allowance of wood made to a tenant for life or years; a liberty of taking necessary wood for the use or furniture of his house or farm from off the land demised to him. 2 Bl Com. 35. 1 Steph. Com. 241, 260. 2 Crabb's Real Prop. 76, § 1044. Bisset on Estates, 276, 277. 4 Kenf's Com. 73. This is the ordinary meaning of the word estovers which are also called in law botes embracing the various kinds of house-bote fire-bote plough-bote and hay-bote See Botes. Estovers are sometimes erroneously confounded with common of estavers (q. v.) and the distinction is not clearly made by Britton in his 60th chapter, De renables estovers. [3]
Tok Pisin, often referred to by English speakers as "New Guinea Pidgin" or simply "Pidgin", is a creole language spoken throughout Papua New Guinea. It is an official language of Papua New Guinea and the most widely used language in the country. However, in parts of the southern provinces of Western, Gulf, Central, Oro, and Milne Bay, the use of Tok Pisin has a shorter history and is less universal, especially among older people.
In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alienated by the tenant-in-possession, and instead causes it to pass automatically by operation of law to an heir determined by the settlement deed. The term fee tail is from Medieval Latin feodum talliatum, which means "cut(-short) fee" and is in contrast to "fee simple" where no such restriction exists and where the possessor has an absolute title in the property which he can bequeath or otherwise dispose of as he wishes. Equivalent legal concepts exist or formerly existed in many other European countries and elsewhere.
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Assimilation is a sound change in which some phonemes change to become more similar to other nearby sounds. A common type of phonological process across languages, assimilation can occur either within a word or between words.
A demesne or domain was all the land retained and managed by a lord of the manor under the feudal system for his own use, occupation, or support. This distinguished it from land sub-enfeoffed by him to others as sub-tenants.
Puisne is a legal term of art obsolete in many jurisdictions and, when current, used mainly in British English meaning "inferior in rank". In the 18th and 19th-century legal world, the word was more often pronounced to distance it from its anglicized form puny, an adjective meaning "weak or undersized".
Quia Emptores is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute Quo Warranto also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system in England during the High Middle Ages. The name Quia Emptores derives from the first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its long title is A Statute of our Lord The King, concerning the Selling and Buying of Land. It is also cited as the Statute of Westminster III, one of many English and British statutes with that title.
Demise is an Anglo-Norman legal term for the transfer of an estate, especially by lease. It has an operative effect in a lease, implying a covenant "for quiet enjoyment."
John Wren was an Australian bookmaker, boxing and wrestling promoter, Irish nationalist, land speculator, newspaper owner, racecourse and racehorse owner, soldier, pro-conscriptionist and theatre owner He became a legendary figure thanks mainly to a fictionalised account of his life in Frank Hardy's novel Power Without Glory, which was also made into a television series. After his death in 1953, Wren was buried at Boroondara Cemetery in Kew, Victoria.
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Ius or Jus in ancient Rome was a right to which a citizen (civis) was entitled by virtue of his citizenship (civitas). The iura were specified by laws, so ius sometimes meant law. As one went to the law courts to sue for one's rights, ius also meant justice and the place where justice was sought.
As Classical Latin developed into Proto-Romance it gained and lost lexical items for a variety of reasons. Sometimes the new vocabulary came from contact with neighbouring languages, and other times it was coined from native elements. Much of the inherited Latin vocabulary also underwent semantic drift, regularization, or other linguistic changes.
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In English common law, real property, real estate, immovable property or, solely in the US, realty, is land which is the property of some person and all structures integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property.
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This page is a glossary of law.