An estate for the life of another15 usually arises by one who is tenant for life assigning his interest to another, who thereby becomes entitled to the land during the life of the grantor. It may, however, be expressly limited for the life of a third person. The one whose life limits the duration of the estate is called the "cestui qui vie."16

Incidents Of Life Estates

37. The principal incidents of life estates are the following:

(a) Life estates are subject to alienation, voluntary and involuntary (p. 59).

(b) The tenant must pay the interest on incumbrances

(p. 60).

(c) Rent due from a lessee of the tenant is apportionable on the death of the tenant (p. 60).

(d) The tenant cannot recover compensation for improvements or repairs (p. 61).

(e) The tenant is entitled to estovers (p. 61).

(f) There is a right to emblements on the death of a tenant for life, but he cannot claim them when he forfeits his estate (p. 61).

13 Barry v. Shelby, 4 Hayw. (Tenn.) 229; Haskins v. Tate, 25 Pa. St. 249; Nicholson v. Drennan, 35 S. C. 333, 14 S. E. 719.

14 1 Washb. Real Prop. (5th Ed.) p. 123.

15 It may be for more than one life. Ante, p. 56. But, in four states, If more than two cestuis qui vie are named, the remainder nevertheless takes effect on the death of the two first named. 1 Stim. Am. St. Law, § 1422. Cf. Clark v. Owens, 18 N. Y. 434. By statute, 6 Anne, c. 18, if the one who claims an estate per autre vie cannot produce the cestui qui vie, it is presumed that he is dead, and the estate is terminated.

16 2 Bl. Comm. 258; Co. Litt. 41b.

(g) A tenant must not commit waste,-that is, any permanent and material injury to the inheritance (p. 62).

(h) Life estates are subject to merger (p. 66).

The following discussion of the incidents of life estates applies to legal as well as to conventional life estates.