Page:The American Cyclopædia (1879) Volume VI.djvu/751

 ESTE 739 tory devise is good without a particular estate to support it. Thus if a devise be made to A, to take effect on his marriage, in this case until such marriage the fee descends to the heir at law, subject to being divested by the perform- ance of the condition. There is still another distinction of estates growing out of the nature of the possession, under which head are classed joint tenancy, tenancy in common, and copar- cenary. The last of these, which is a descent of an inheritance to female heirs, in which case they take an equal interest in the entire estate, but without being subject to the rule which applied to joint tenancy as to the right of the survivor to the whole, does not exist in the United States, at least is not distinguishable from a tenancy in common. So joint tenancy, the peculiar feature of which is that the whole estate vests in the survivor, has been abolished in this country, except in respect to executors and other trustees and mortgagees, and except also when it is expressly declared in the deed or will creating the estate that it is to be held in joint tenancy. In all other cases, where there is a possession of lands by several persons without any separation into specific parts, it is a ten- ancy in common ; and it is not necessary that they should all hold by the same title, or have an equal interest ; it is sufficient if each has an interest, and that it is undivided. Such an in- terest can be conveyed or devised, the same as property held in severalty, and partition may be compelled by either party on application to a competent court. Various equitable interests in lands will be discussed in the article TRUSTS. "We have thus far considered estates of a cor- poreal nature only ; but there are also incor- poreal estates, such as rents, easements, &c. But the general principles applicable to the one class will also apply to the other ; and what- ever there may be peculiar to any particular species of incorporeal estate will be treated under the appropriate head. ESTE (anc. Ateste), a town of K Italy, in the province and 16 m. S. W. of the city of Pa- dua, beautifully situated at the foot of Monte Murale or Cero, at the S. extremity of the Eu- ganean hills; pop. about 10,000. It is a me- diaeval town, with arched houses, and famous for the castle of Este, known as la, rocca, con- sisting of a donjon tower with frowning em- brasures and battlements, and standing on an elevation upon the site of the original castle of the celebrated house of Este. The church of San Martino, of modern interior and antique exterior, has a belfry which inclines nearly as much as the leaning tower of Pisa. The manu- factures of Este include silks, earthenware, majolica, and saltpetre, and there are many whetstone quarries in the neighborhood. The railway station is 3 m. outside the town. The vicinity of Este is celebrated for its picturesque scenery. The ancient Ateste was a municipal town as early as 136 B. C. ESTE, a princely house of Italy deriving its name from the town of Este. Alberto Azzo II. of this family (born in 996, died in 1097) mar- ried first Kunitza or Kunigunde, a princess of the Bavarian house of Guelph or Welf. His son by this marriage, Guelfo IV., inherited the possessions of his mother's brother, Guelph or Welf III. From him are descended the houses of Brunswick and Hanover (known also by the name of Este-Guelph) and the sovereigns of Great Britain. Alberto Azzo married for his second wife Garsenda, countess of Maine in France. He had by her two sons, Folco and Hugo. Folco inherited the Italian estates of his father, and transmitted them to his son Obizzo, under whom the foundation was laid for the dominion of the house of Este over Ferrara. This was accomplished by carrying off March esella, the sole descendant of the Adelardi family, who had been betrothed to one of the Ghibelline family of Taurello, and compelling her to marry Azzo of Este, the son of Obizzo. The Adelardi family had been the popular leaders of the Guelphs in Ferrara, and the marriage secured to the house of Este the possession of Ferrara and other Italian towns. Azzo VI. (1170-1212) was placed in 1208 at the head of the government of Ferrara, with power to appoint a successor, and was the leader of the Guelphs against Ezzelino, the champion of the Ghibellines. Azzo VII. (1205-'64) defeated Ezzelino, and was hailed as the saviour of Lombardy. Borso, another prince of the house of Este, received in 1452, from the emperor Frederick III., the titles of duke of Modena and Reggio and count of Ro- vigo, and from Pope Paul II. in 1471 the title of duke of Ferrara. He was distinguished for his patronage of arts and letters. He was suc- ceeded by his brother Ercole I., who was also a patron of literature. Alfonso I., the son of Ercole, married Lncrezia Borgia. The court of Alfonso II., who was the last legitimate prince of the house of Este, was renowned for its splendor. His name, as well as those of his sisters, Lucrezia and Eleonora, are associated with the misfortunes of Tasso. After the death of Alfonso II. (1597) Ferrara was seized by Pope Clement VIII. as a papal fief. The duchies of Modena and Reggio remained in the family, but in 1797 were taken by Bonaparte from its representative, Ercole Rinaldo, and annexed to the Cisalpine republic. The daugh- ter of the latter, Maria Beatrice, married the archduke Ferdinand, third son of Francis I. of Austria. The name of Este was adopted by the children of the duke of Sussex, sixth son of George III. of England and Lady Augusta Murray. The marriage of the duke of Sussex with Lady Augusta was held by the English prerogative court to have been in violation of the royal marriage act, and was annulled, Augusta Emma d'Este, one of the children of the marriage, married in 1845 Sir Thomas Wilde, afterward Baron Truro. Augustus Frederick d'Este, the other child, a colonel in the army, endeavored without success to ob- tain recognition as one of the royal family.