As between landlord and tenant the principle operates to prevent the denial by the tenant of the landlord’s title. So if a person comes upon land by the licence of the person in possession, he cannot deny that the licenser had a title to the possession at the time the licence was given. Again, if a man accepts a bill of exchange he may not deny the signature or the capacity of the drawer. So a person receiving goods as baillee from another cannot deny the title of that other to the goods at the time they were entrusted to him.
Estoppel of whatever kind is subject to one general rule, that it cannot override the law of the land; for example, a corporation would not be estopped as to acts which are ultra vires.
See L. F. Everest and E. Strode, The Law of Estoppel; M. Cababé, Principles of Estoppel.
ESTOUTEVILLE, GUILLAUME D’ (1403–1483), French
ecclesiastic, was bishop of Angers, of Digne, of Porto and Santa
Rufina, of Ostia and Velletri, archbishop of Rouen, prior of Saint
Martin des Champs, abbot of Mont St Michel, of St Ouen at
Rouen, and of Montebourg. He was sent to France as legate by
Pope Nicholas V. to make peace between Charles VII. and
England (1451), and undertook, ex officio, the revision of the
trial of Joan of Arc; he afterwards reformed the statutes of the
university of Paris. He then went to preside over the assembly
of clergy which met at Bourges to discuss the observation of the
Pragmatic Sanction (see Basel, Council of), finally returning
to Rome, where he passed almost all the rest of his life. He was
a great builder, Rouen, Mont St Michel, Pontoise and Gaillon
owing many noble buildings to his initiative.
ESTOVERS (from the O. Fr. estover, estovoir, a verb used as
a substantive in the sense of that which is necessary; the word
is of disputed origin; it has been referred to the Lat. stare,
to stand, or studere, to desire), a term, in English law, for the
wood which a tenant for life or years may take from the land he
holds for repair of his house, the implements of husbandry, and
the hedges and fences, and for firewood. The O. Eng. word for
estover was bote or boot (literally meaning “good,” “profit,”
the same word as seen in “better”). The various kinds of
estovers were thus known as house-bote, cart or plough-bote,
hedge or hay-bote, and fire-bote respectively. These rights
may, of course, be restricted by express covenants. Copyholders
have similar rights over the land they occupy and over the waste
of the manor, in which case the rights are known as “Commons
of estovers.” (See Commons.)
ESTRADA, LA, a town of north-western Spain, in the province
of Pontevedra, 15 m. S. by E. of Santiago de Compostela. Pop.
(1900) 23,916. La Estrada is the chief town of a densely-populated
mountainous district; its industries are agriculture, stock-breeding,
and the manufacture of linen and woollen cloth.
Timber from the mountain forests is conveyed from La Estrada
to the river Ulla, 4 m. N., and thence floated down to the seaports
on Arosa Bay. The nearest railway-station is Requeijo,
7 m. W., on the Pontevedra-Santiago railway. There are
mineral springs at La Estrada and at Caldas de Reyes, 11 m.
W.S.W.
ESTRADE, a French architectural term for a raised platform
(see Dais). In the Levant the estrade of a divan is called Sopha
(Blondel), from which comes our “sofa.”
ESTRADES, GODEFROI, Comte d’ (1607–1686), French
diplomatist and marshal, was born at Agen. He was the son of
François d’Estrades (d. 1653), a partisan of Henry IV., and brother
of Jean d’Estrades, bishop of Condom. He became a page to
Louis XIII., and at the age of nineteen was sent on a mission to
Maurice of Holland. In 1646 he was named ambassador extraordinary
to Holland, and took part in the conferences at Münster.
Sent in 1661 to England, he obtained in 1662 the restitution of
Dunkirk. In 1667 he negotiated the treaty of Breda with the
king of Denmark, and in 1678 the treaty of Nijmwegen, which
ended the war with Holland. Independently of these diplomatic
missions, he took part in the principal campaigns of Louis XIV.,
in Italy (1648), in Catalonia (1655), in Holland (1672); and was
created marshal of France in 1675. He left Lettres, mémoires
et négociations en qualité d’ambassadeur en Hollande depuis 1663
jusqu’ en 1668, of which the first edition in 1700 was followed by
a nine-volume edition (London (the Hague), 1743).
Of the sons of Godefroi d’Estrades, Jean François d’Estrades was ambassador to Venice and Piedmont; Louis, marquis d’Estrades (d. 1711), succeeded his father as governor of Dunkirk, and was the father of Godefroi Louis, comte d’Estrades, lieutenant-general, who was killed at the siege of Belgrade, 1717.
See Felix Salomon, Frankreichs Beziehungen zu dem Scottischen Aufstand (1637–1640), containing an excursus on the falsification of the letters of the comte d’Estrades; Philippe Lauzun, Le Maréchal d’Estrades (Agen, 1896).
ESTREAT (O. Fr. estrait, Lat. extracta), originally, a true copy
or duplicate of some original writing or record; now used only
with reference to the enforcement of a forfeited recognizance.
At one time it was the practice to extract and certify into the
exchequer copies of entries in court rolls which contained provisions
or orders in favour of the treasury, hence the estreating
of a recognizance was the taking out from among the other
records of the court in which it was filed and sending it to the
exchequer to be enforced, or sending it to the sheriff to be levied
by him, and then returned by the clerk of the peace to the lords
of the treasury. (See Recognizance.)
ESTRÉES, GABRIELLE D’ (1573–1599), mistress of Henry IV.
of France, was the daughter of Antoine d’Estrées, marquis of
Cœuvres, and Françoise Babou de la Bourdaisière. Henry IV.,
who in November 1590 stayed at the castle of Cœuvres, became
violently enamoured of her. Her father, anxious to save his
daughter from so perilous an entanglement, married her to
Nicholas d’Amerval, seigneur de Liancourt, but the union proved
unhappy, and in December 1592, Gabrielle, whose affection for
the king was sincere, became his mistress. She lived with him
from December 1592 onwards, and bore him several children,
who were recognized and legitimized by him. She possessed
the king’s entire confidence; he willingly listened to her advice,
and created her marchioness of Monceaux, duchess of Beaufort
(1597) and Étampes (1598), a peeress of France. The king
even proposed to marry her in the event of the success of his
suit for the nullification by the Holy See of his marriage with
Margaret of Valois; but before the question was settled Gabrielle
died, on the 10th of April 1599. Poison was of course suspected;
but her death was really caused by puerperal convulsions
(eclampsia).
See Adrien Desclozeaux, Gabrielle d’Estrées, Marquise de Monceaux, &c. (Paris, 1889).
ESTREMADURA, or Extremadura, an ancient territorial
division of central and western Portugal, and of western Spain;
comprising the modern districts of Leiria, Santarem and Lisbon,
in Portugal, and the modern provinces of Badajoz and Cáceres
in Spain. Pop. (1900) 2,095,818; area, 23,055 sq. m. The
name of Estremadura appears to be of early Romance or Late
Latin origin, and probably was applied to all the far western
lands (extrema ora) bordering upon the lower Tagus, as far as the
Atlantic Ocean. It is thus equivalent to Land’s End, or Finistère.
In popular speech it is more commonly used than the names of
the modern divisions mentioned above, which were created in
the 19th century. As, however, there are many racial, economic
and historic differences between Portuguese and Spanish Estremadura,
the two provinces are separately described below.
1. Portuguese Estremadura is bounded on the N. by Beira, E. and S. by Alemtejo, and W. by the Atlantic Ocean. Pop. (1900) 1,221,418; area, 6937 sq. m. The greatest length of the province, from N. to S., is 165 m.; its greatest breadth, from E. to W., is 72 m. The general uniformity of the coast-line is broken by the broad and deep estuaries of the Tagus and the Sado, and by the four conspicuous promontories of Cape Carvoeiro, Cape da Roca, Cape Espichel and Cape de Sines. The Tagus is the great navigable waterway of Portuguese Estremadura, flowing from north-east to south-west, and fed by many minor tributaries, notably the Zezere on the right and the Zatas on the left. It divides the country into two nearly equal portions, wholly dissimilar in surface and character. South of the Tagus the land is almost everywhere low, flat and monotonous, while in several places it is rendered unhealthy by undrained marshes. The
