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and after his death, by the wife, who generally has the right to claim it for herself, though she may have no children. An unmarried person who has unmarried dependent relatives living with him, may also claim it. The tests in doubtful cases are: 1. Whether there is a legal or moral duty to support the persons who are claimed to constitute the family. 2. Whether such persons are actually dependent upon him. Likewise an unmarried woman, supporting the children of a deceased or invalid sister, is entitled to it. A homestead is the place where one dwells. The rules and principles which determine one's domicile apply to homestead. While one may have two or more residences he can have but one homestead. In order that the homestead right may be claimed in a lot or parcel of land, it must be shown to be the bona fide residence of him and his family. The party claiming homestead must be in possession of the land in his own right. A remainder man, cannot claim the right of homestead.

SECTION 24. ESTATES LESS THAN FREEHOLDS.

The feudal system recognized no estate less than freeholds. Interests less than freeholds might be created by contract, but originally in case of the breach of such a contract there could only be a suit for damages, and not an action to recover possession. Later the law began to protect the possession of those holding less than a freehold. The writ of ejectment which was originally only used in the case of estates less than freehold, has now become (in most states) the only method of trying the right of title to real property.

The four species of estates less than freehold are estates for years, estates at will, estates from year to year and estates at sufferance. Tenancies at will

still exist in the two following classes of cases; 1. Where the land is leased for an indefinite period without any reservation of rent. 2. Where rent is reserved, but it is expressly agreed that the tenancy is to be a tenancy at will.

SECTION 25. ESTATES FOR YEARS.

An estate for years is an estate for any definite period, even if less than a year. A lease from one year from a specified date will terminate at midnight of the preceding day of the next year." A tenant for years who holds over beyond the termination of his lease does not become a tenant for another year unless the landlord so elects.15

Covenants in a lease providing for its termination or failure of the leasee to comply with specified conditions are for the benefit of the lessor only, and the lessee cannot by a breach of its covenants, aborgate the lease, and thus secure advantage from his own default.18

SECTION 26. ESTATES AT WILL.

Estates at will are estates which are not held for any definite period, which are terminable at the will of either party. A tenancy at will is terminable by a demand for possession, without any formal notice to quit." Tenancies at will have now been generally superceded by tenancies from year to year.

SECTION 27. ESTATES FROM YEAR TO YEAR.

A tenancy from year to year is practically a form of the tenancy at will, out of which it grew. This 16 Brown vs. Cairus, 63 Kan., 584;

Buchanan vs. Whitman, 151 N.

Y., 253; 45 N. E., 556. Condon vs. Brockway, 157 In., 90; 41 N. E., 634.

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tenancy differs from the tenancy at will in that while the latter can be terminated at any time, this tenancy can only be terminated at certain periodic periods. Whether a tenancy of this character shall be construed as a tenancy from year to year, or one from month to month will depend upon the character and use of the property and the reservation of the rent. Whatever the term may be which is thus taken as the unit, as it were, of the term of possession, if the tenant holds over from one of such periods into another he is entitled to possession till the completion of such new period.

SECTION 28. ESTATES AT SUFFERANCE.

An estate at sufferance is the lowest estate known to the law. It exists where a tenant rightfully in possession continues to occupy the property after the expiration of his term. The tenant in such a case is but one step above a mere trespasser, he holds the property merely at the sufferance of the landlord and is not entitled to notice to quit.

CHAPTER III.

ESTATES CLASSIFIED AS TO QUALITY.

SECTION 29. IN GENERAL.

In addition to being classified as to their quantity, estates are also classified as to their quality. By the quality of the estate, is meant its certainty of continuance. Estates as to their quality are first divided into absolute estates and conditional estates. Any estate, whatever its quantity, may be either absolute or conditional. An absolute estate is one which is certain, that is, an estate which is certain to continue for the full period for which it is granted. The termination of an absolute estate may be determined by an event whose exact date is uncertain, as for example, the death of the tenant.

A conditional estate, or as it is variously called, a base, determinable, or qualified estate, is one which involves the element of uncertainty. It is an estate whose commencement, continuation, or termination is dependant upon the happening or not happening of some event. Expressed in another way, an estate of this character is one which may never come into existence, or which may be terminated before the expiration of the full period for which it was granted. The various classes of conditional base determinable qualified estate are as follows: fee-conditionals; estates on condition, such estates being divided into estates on condition precedent, and estates on conditions subsequent; estates upon limitation; and conditional limitations.

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