equitable estate – an estate or interest in property recognized only in equity, especially a trust

     This page is continued from Property >>>> Interest >>>> Estate >>>> Estate – legal or equitable?:


equitable estate:

1. An estate recognized in equity, such as a trust beneficiary’s interest. [1]

1. An equity; an estate or interest in property recognized only in equity, especially a trust. McIlvaine v Smith, 42 Mo 45.
    See equitable title. [2]

1. An interest in property recognized only in equity.  EXAMPLE: the interest of a beneficiary of a trust. [3]

     Excerpt fromG.C. Cheshire, Modern Law of Real Property 54 (3d ed. 1933):

     “[A] legal estate was a right in rem, an equitable estate a right in personam, that is to say, the former conferred a right enforceable against the whole world, the latter one which could be enforced only against a limited number of persons. [4]

Related Terms:

equitable title – indicates a beneficial interest in property, recognized as ownership in equity, but not legal title, that gives the holder the right to have the legal title transferred to him.

Types of Equitable Estates:

equitable life estate – an equitable estate (interest) in real or personal property that lasts for the life of the holder of the estate. (e.g. a life estate held by a trust beneficiary)


Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[4]: G.C. Cheshire, Modern Law of Real Property 54 (3d ed. 1933).


Back to Estate and Types  of Estates

Back to Interest 

Back to  Property

Home Page

Like this website?

Donate to Wild Willpower PAC
or donate via PayPal here:

  • please set some widgets to show from Appearance -> Widgets.


Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
We look forward to hearing from you!