TERM, estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified¹ in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture² and the like. 2 Bl. Com. 145; 8 Pick. R. 339.

TERM, practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.

2. The whole term is considered as but one day so that the judges may at any time during the term, revise their judgments³. In the computation of the term all adjournments are to be included. 9 Watts⁴, R. 200. Courts are presumed to know judicially⁵ when their terms are required to be held by public law. 4 Dev. R. 427. See, 1 generally, Peck, R. 82; 6 Yerg. R. 395; 7 Yerg. R. 365; 6 Rand. R. 704; 2 Cowen, R. 445; 1 Cowen, R. 58; 5 Binn. R. 389; 4 S. & R. 507 5 Mass. R. 195, 435.

TERM ATTENDANT ON THE INHERITANCE. This phrase is used in the English courts of equity⁶, to signify that when a term has been created for a particular purpose, which is satisfied, and the instrument by which it is created does not provide for a cesser of the term, on the happening of the event, the benefit in it becomes subject to the rules of equity, and must be moulded and disposed of according to the equitable⁷ interests of all persons having claims upon the inheritance; and, when the purposes of the trust fire satisfied, the ownership of the term belongs in equity, to the owner of the inheritance, whether de-clared by the original conveyance⁸ to attend it or not.

2. Terms attendant on the inherit ance are but little known in the United States. 1 Hill. Ab. 243.

TERM PROBATORY. A probatory term is the time during which evidence may be taken in a cause. Vide Probatory term.

TERM FOR YEARS. An estate for years, (q. v.) and the time during which such estate is to be beld, are each called a term; hence the term may expire before the time, as by a surrender. Co. Litt. 45. If, for example, a conveyance be made to Peter for three years, and after the expiration⁹ of the said term to Paul for six, and Peter surrenders or forfeits¹⁰ his term after one year, Paul's estate takes effect immediately; if, on the contrary, the language had been after the expiration of the said time, or of the said three years, the result would have been different, and Paul's estate would not have taken effect till the end of such time, notwithstanding the forfeiture or surrender.

2. Whatever be its duration, a term for years is less than an estate for life. If, therefore, the same person have a term for years and an estate for life immediately succeeding it, the term is merged¹¹; but if the order of the estates be reversed, that is, if the greater precede the less, there is no merger¹². Co. Litt. 54 b; Vin. Ab. Merger, F 4 and G 13; Godb. 51; Biss. on Est. c. 8, s. 1, n. 3, p. 186. Vide Estate for years; Leases.