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alienation may be suspended, by any instrument in execution of a power, shall be computed, not from the date of such instrument, but from the time of the creation of the power.

12 N. Y., 404; 3 Du., 73.

g 129. No estate or interest can be given or limited to any person, by an instrument in execution of a power, which such person would not have been capable of taking, under the instrument by which the power was granted.

3 Du., 95; 16 W., 324.

g 130. When a married woman, entitled to an estate in fee, shall be authorised by a power, to dispose of such estate during her marriage, she may, by virtue of such power, create any estate, which she might create if unmarried.

g 131. Where the execution of a power in trust shall be defective, in whole or iu part, under the provisions of this Article, its proper execution may be decreed, in equity, in favor of the persons designated as the objects of the trust.

3 N. T., 278.

g 132. Purchasers for a valuable consideration, claiming under a defective execution of any power, shall be entitled to the same relief in equity, as similar purchasers, claiming under a defective conveyance from an actual owner.

11 N. Y., 400.

g 133. Where a power to sell lands, shall be given to the grantee, in any mortgage or other conveyance intended to secure the payment of money, the power shall be deemed a part of the security, and shall vest in, and may be executed by any person, who, by assignment or otherwise, shall become entitled to the money so secured to be paid.

g 134. The provisions of this Article shall not extend to a simple power of attorney, to convey lands in the name, and for the benefit, of the owner.

Terms g 135. The term "grantor of a power," is used in this a power," Article, as designating the person by whom a power is created, ?eorfr&nt' whether by grant or devise; and the term "grantee of a jjower- de- power," is used as designating the person in whom a power is vested, whether by grant, devise or reservation.

11 N. Y., 401.

ARTICLE FOURTH.

OF ALIENATION BY DEED.

Sec. 136. Feoffment with livery of seisin, abolished.

137. Grants in fee or of freeholds, how executed; when to take effect f 138. Delivery essential to grants.

139. Covenants not implied in mortgages; remedy of mortgagee.

140. No covenants to be implied in conveyances.

141. Lineal and collateral warranties abolished; liability of heirs.

142. Deeds of bargain and sale, and of lease and release, deemed grants.

143. No greater estate to pass by a conveyance, than such as grantor had.

Sec. 144. Grants conclusive against certain purchasers. AilT- *•

145. Conveyances of greater estate by tenant for life or for years.

146. Conveyances of lands occupied, when valid without attornment.

147. Grant of lands possessed by claimant under adverse title, void.

148. But mortgages of such lands may be given; effect thereof.

<$ 136. The mode of conveying lands by feoffment with l^0' livery of seisin, is abolished.

§ 137. Every grant in fee or of a freehold estate, shall be ^TMjj,0'fn subscribed and sealed by the person from whom the estate OJT freeholds, interest conveyed is intended to pass, or his lawful agent; if e^Sto not duly acknowledged, previous to its delivery, according to takeeffectthe provisions of the third Chapter of this Act, its execution and delivery shall be attested by at least one witness; or if not so attested, it shall not take effect as against a purchaser or incumbrancer, until so acknowledged.

13 N. T., 514; 31 B., 157; 17 B., 103; 6 B., 42; 2 B., 618; 2 W., 575;
2 S. Ch., 633.

§ 138. A grant shall take effect, so as to vest the estate or Delivery, interest intended to be conveyed, only from its delivery; and all the rules of law now in force in respect to the delivery of deeds, shall apply to grants hereafter to be executed.

6 B., 103; 11 W., 240; 5 W., 533.

§ 139. No mortgage shall be construed as implying a cove- covenants nant for the payment of the sum intended to be secured; and ^s."" where there shall be no express covenant for such payment, "feTM^?s contained in the mortgage, and no bond or other separate gagee. instrument to secure such payment, shall have been given, the remedies of the mortgagee shall be confined to the lands mentioned in the mortgage.

2 B. Ch., 569.

g 140. No covenant shall be implied in any conveyance of covenants real estate, whether such conveyance contain special covenants ances. or not.

13 N. T., 158; 9 N. Y., 542: 31 B., 551; 13 B., 284; 8 Pai., 598; 14
W., 39; CI. Ch., 503; 1 Du., 427; 11 Pai., 569; 20 B., 455; 15 B.,
359.

<5 141. Lineal and collateral warranties, with all their inci- [»30] dents, are abolished; but the heirs and devisees of every eonltera"* person who shall have made any covenant or agreement, shall warranties, be answerable upon such covenant or agreement, to the extent of the lands descended or devised to them, in the cases and in the manner prescribed by law.

1 R. L., 525, § 26; 17 B., 165.

§ 142. Deeds of bargain and sale, and of lease and release, certain may continue to be used, and shall be deemed grants; and cinred *" as such, shall be subject to all the provisions of this Chapter, Enmta concerning grants.

1 N. Y., 243.

§ 143. No greater estate or interest shall be construed to Ejects of pass by any grant or conveyance, hereafter executed, than veyanccs. I. — 81

TITLE 2.

How far conclusive on purcbas

Conveyances by tenants for life or for years.

Attornment by tenant when unnecessary.

Liabilities of tenant.

Conveyance of land adversely possessed.

Mortgages may be given.

Effects thoreof.

Priority of lien.

the grantor himself possessed at the delivery of the deed, or could then lawfully convey, except that every grant shall be conclusive as against the grantor and his heirs claiming from him by descent.

9 N. Y., 51; IN. T., 248.

g 144. Every grant shall also be conclusive as against subsequent purchasers from such grantor, or from his heirs claiming as such, except a subsequent purchaser, in good faith and for a valuable consideration, who shall acquire a superior title by conveyance that shall have been first duly recorded.

6 B., 356.

§ 145. A conveyance made by a tenant for fife or years of a greater estate than he possessed or could lawfully convey, shall not work a forfeiture of his estate, but shall pass to the grantee all the title, estate or interest, which such tenant could lawfully convey.

1 N. Y., 248.

§ 146. Where any lands or tenements shall be occupied by a tenant, a conveyance thereof, or of the rents or profits, or of any other interest therein, by the landlord of such tenant, shall be valid without any attornment of such tenant to the grantee; but the payment of rent to such grantor, by bis tenant, before notice of the grant, shall be binding upon such grantee; and such tenant shall not be liable to such grantee for any breach of the condition of the demise, until he shall have had notice of such grant.

1 R. L., 525, § 25; 4 N. Y., 128.

§ 147. Every grant of lands shall be absolutely void, if at the time of the delivery thereof, such lands shall be in the actual possession of a person claiming under a title adverse to that of the grantor.

1 R. L., 173, § 8: 22 N. Y, 172; 26 B., 454; 20 B., 439; 17 B., 665; 15 B., 497; 2 B„ 157; 4 H., 469; 2 Cai., 182; 4 Du., 454; 21 W., 98; 19 B., 644; 14 B., 441; 13 B., 147; 3 Du., 35.

§ 148. • But every person having a just title to lands, of which there shall be an adverse possession, may execute a mortgage on such lands; and such mortgage, if duly recorded, shall bind the lands from the time the possession thereof shall be recovered, by the mortgagor or his representatives. And every such mortgage shall have preference over any judgment or other instrument, subsequent to the recording thereof; and if there be two or more such mortgages, they shall severally have preference acccording to the time of recording the same respectively.

5 N. Y, 347.

See Laws of 1845, ch. 112; 1841, ch. 261; 1840, ch. 318; 1839, ch. 174, TITLE HI. TM*

OF ESTATES IN DOWEB.

Sec. 1. Of what widows shall be endowod.

2. Widows of aliens, if inhabitants, entitled to dower.

3. Dower in ease of exchange of lauds.

4. Dower in lands mortgaged before marriage. 6. In lands mortgaged for purchase money.

6. Claim to one-third of surplus proceeds of sale, in Buch case.

7. Widow of mortgagee not entitled to dower.

8. Dower forfeited by divorce for misconduct.

9. Settlements by jointure, to bar dower.

10. How her assent to jointure to be evidenced.

11. Provision in lieu of dower, when to bar it.

12. If jointure, Ac, made without her assent, she to elect.

13. If provision in lieu of dower be made by will, to elect.

14. Deemed to have elected, unless she enter or sue, within a year.

15. Jointures, Ac, in lieu of dower, forfeited same as dower.

16. Acts of husband, not to affect right to dower.

17. Widow entitled to remain in husband's house 40 days.

18. Widow to demand her dower within 20 years after husband's death.

19. When entitled to damages, on recovering dower.

20. Measure of such damages in different cases.

21. Not to be estimated on certain improvements.

22. Damages against heir for land aliened by him.

23. Assignment of dower in satisfaction, to bar further claim.

24. Infant heirs not to be prejudiced by a collusive recovery.

25. Widow may bequeath crops growing in her dower land.

§ 1. A widow shall be endowed of the third part of all the Dower of lands whereof her husband was seised of an estate of inheri- widow"tance, at any time during the marriage.

8 N. T., 110; 5 N. Y., 394, 502; 4 N. Y., 95; 23 B., 125; 18 B.. 561;
15 B., 485: 13 B., 106; 12 B., 201, 537; 11 B., 152; 8 B., 401; 5
B., 324; 3 B., 319; 1 B., 399; 21 W., 60; 1G W., G1-G22; 12 W.,
66; 11 W., 592, 10 W., 486; 7 Pai., 259; 1 Pai., 634; 2 D., 430;
3 Ed., 437; 6 J. C. R., 258; 4 J. C. R., 604; 13 J. R., 180; 2 J. R.,
123; 7 Cow., 357; 5 Cow., 389; 1 Cow., 463; 1 R. L., 66, § 1.

<5 2. The widow of any alien, who, at the time of his death, Widows of shall be entitled by law to hold any real estate, if she be an fthenB' inhabitant of this state, at the time of such death, shall be entitled to dower, of such estate, in the same manner as if such alien had been a native citizen.

21 W., 62; 12 W., 66; 6 Cow., 713.

§ 3. If a husband, seised of an estate of inheritance in Dower in lands, exchanges them for other lauds, his widow shall not change of have dower of both, but shall make her election, to be endowed lnnd9' of the lands given, or of those taken, in exchange; and if such election be not evinced by the commencement of proceedings to recover her dower of the lands given in exchange, within one year after the death of her husband, she shall be deemed to have elected to take her dower of the lands received in exchange.

12 B., 537; 7 B., 638.

§ 4. Where a person seised of an estate of inheritance in ^0nr^ged ofluspen- alienation may be suspended, by any instrument in execution oion- 0f a power, shall be computed, not from the date of such instrument, but from the time of the creation of the power.

12 N. T., 404; 3 Du., 13.

Thom»^ g 129. No estate or interest can be given or limited to any poweTM.er person, by an instrument in execution of a power, which such person would not have been capable of taking, under the instrument by which the power was granted.

3 Du., 95; 16 W., 324.

Married § 130. When a married woman, entitled to an estate in fee, theirwi- shall be authorised by a power, to dispose of such estate thority, 4c (jy^ng jjer marriage, she may, by virtue of such power, create

any estate, which she might create if unmarried. Defective^ § 131. Where the execution of a power in trust shall be exectt on». flggj^y^ m wh0ie or in part, under the provisions of this Article, its proper execution may be decreed, in equity, in favor of the persons designated as the objects of the trust.

3 N. T., 278.

ft- § 132. Purchasers for a valuable consideration, claiming

under a defective execution of any power, shall be entitled to the same relief in equity, as similar purchasers, claiming under a defective conveyance from an actual owner.

11 N. Y., 400.

Fowera t« § 133. Where a power to sell lands, shall be given to the mortgages, grantee, in any mortgage or other conveyance intended to secure the payment of money, the power shall be deemed a iraa] part of the security, and shall vest in, and may be executed by any person, who, by assignment or otherwise, shall become entitled to the money so secured to be paid. Application 134. The provisions of this Article shall not extend to a

of thie arti- . ^ r„ , , , . ,

cie. simple power of attorney, to convey lands m the name, and for the benefit, of the owner.

Terms § 135. The term "grantor of a power," is used in this a p^we?,"0' Article, as designating the person by whom a power is created, HeoiI"""" whether by grant or devise; and the term "grantee of a gower" do- power," is used as designating the person in whom a power ii vested, whether by grant, devise or reservation, u N. Y., 401.

ARTICLE FOURTH.

OP ALIENATION BY DEED.

Sec. 136. Feoffment with livery of seisin, abolished.

137. Grants in fee or of freeholds, how executed; when to take effect I 138. Delivery essential to grants.

139. Covenants not implied in mortgages; remedy of mortgagee.

140. No covenants to be implied in conveyances.

141. Lineal and collateral warranties abolished; liability of heirs.

142. Deeds of bargain and salo, and of lease and release, deemed grants.

143. No greater estate to pass by a conveyance, than such as grantor had.

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