Page:The New International Encyclopædia 1st ed. v. 07.djvu/252

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ESTABLISHMENTS. 220 ESTATE. and of the Anglican in England. Thus, also, in Russia, the Czar practically occupies a similar position. The restrictions upon ecclesiastical freedom inseparable from such a position have caused many devoted churchmen to feel that the advantages were more than outweighed by the drawbacks; and thus in England such men have been found, in the last fifty years, in the ranks of the advocates of disestablishment. The move- ment there has, however, been chiefly supported by Nonconformists of a political type, who main- tain the view that the modern free State has no right to discriminate in lawful things between various classes of its subjects. The agitation reached its height about 1870-80, but seems less likely now to be successful. The principle of establishment, though not now often maintained in the crude form commonly accepted in the six- teenth century, Cujus regio, ejus religio, still manifests itself to some extent in most civilized countries, the United States being the most ab- solutely free from any trace of discrimination. (See Civil Church Law. American.) For the details of the subject applying to various coun- tries, see the articles on those countries. ESTAING, es-ta.N', Charles Hector, Count d' (1729-04). A French admiral. After serving in India under Lally-Tollendal. and suffering im- prisonment at the hands of the English, he en- tered the royal navy, and was made lieutenant- general in 1703 and vice-admiral in 1777. In 1778 he commanded the fleet sent to aid the United States against Great Britain, bringing with him Gerard, the first French Ambassador to the United States. He planned with the Ameri- can generals a combined land and naval attack mi Newport and forced the British to burn a number of vessels in the harbor. Admiral Howe came, with an English fleet, to relieve Newport, and D'Estaing put to sea to engage him. A sud- den storm separated the fleets, ami D'Estaing put into Boston to repair his shattered ships. In November he sailed to the West Indies, where he captured Saint Vincent and Grenada. ^Yith 22 ships he cooperated, OctobeT 9, 1779. in the unsuccessful attack on Savannah, and was him- Belf wounded. The following year he returned to France. He was in command of the French and Spanish fleet before Cadiz when the treaty of peace was signed in 1783. Entering into poli- ties, lie was (dec-ted to the Assembly of Notables in 17S7. In 17*9 lie commanded the National Guard, and in 1792 the Legislative Assembly chose him admiral. In 1793 lie bore testimony in favor id' Marie Antoinette. The following year he was himself brought to trial, condemned, and executed April 28, 1794. ESTAMPES, :Vi;iNp'. or ETAMPES, Anne de PisseleUj Duchess d' (1508-76). A mistress of Francis I. of France. She was maid of honor to hi- mother, Louise of Savoy, and the King fell in love with her upon his return from Spain in !6 Shortlj after this she was married to Jean de Brosse, created Due d'Estampes. She is been beaul iful, witty, and highly educated, and gained a ndency over the King to the e i.i.i oi depriving him of the services of Cellini ■ q ■> I, w ii h wh he could no! agree. She was active in her efforts to aid the Eugue not*, and conciliated Francis and the Emperor i bai le V., to whom, it is aid, he -old the Km, [n 1547 he was banished to her estates, and soon after identified herself with the Huguenot party. ESTATE (OF. estat, Fr. ((at, from Lat. status, state, condition, from stare, Gk. lar&mi, histanai, Skt. stM, to stand). The technical term of the common law for property interests in land. Land is not, in our legal system, like goods and chattels, capable of absolute ownership by a subject. The feudal system, under whose influence our law of real property was developed, vested the ultimate ownership of all land in the Line, all private owners being deemed to be merely tenants, holding their lands in subordina- tion to the paramount rights of the Crown. The interest of such a tenant was described as his estate in the land; that is, his status with refer- ence to it ; and this estate, however complete and unqualified it might be, was always regarded as something less than absolute ownership, and as leaving a reversionary interest in the superior lord, some portion of the ownership undisposed of by him. The term estate was originally ap- plied only to those interests in land technically known as freeholds, which were classified as real property; but it has in course of time been extended by analogy to include other interests, such as leaseholds, the interests of mortgagees, and certain creditors' rights in land, which are in our law classified as personal property. All of these interests have this element in common, that they exist in subordination to a paramount or underlying title, in which they may ultimately be absorbed, and which no act of the 'tenant' or temporary owner can affect. This is not true, however, of most forms of personal property, as goods, etc. These are held by the owner abso- lutely, free from any superior proprietorship or lordship, and accordingly his ownership cannot be described as a tenancy or an estate. Hence the expression 'personal estate,' sometimes employed by analogy with 'real estate,' is, strictly speak- ing, inaccurately used as a substitute for 'per- sonal property.' The primary classification of estates, follow- ing the line of cleavage above indicated, is into estates of freehold and estates not of freehold. In the former arc included the three great forms of freehold tenure — the fee simple, fee tail, and life estates, the two former of which are further described as estates of inheritance, and the last as an estate not of inheritance. Estates not of free- hold are more commonly described simply as tenancies — as tenancies for years (leasehold es- tates), tenancies at will, and tenancies at suffer- anec — the term estate not being usually applied to the last two of these. Intermediate between the leasehold estate and tile tenancy at will there has been developed a new form of tenure known n- an estate or tenancy from year to year, which, though usually classified with the- latter, shares many of the characteristics of both. All of these forms of estate will lie described under their ap- propriate title-. The nio-t striking fact in connection with this classification of estates is its definiteness and rigidity. The several varieties of estates are sharply differentiated from one another. Each class has its characteristic features or incidents which mark il off distinctly from every other class, and every tenure or holding of land must conform to oi r another of them. There are no