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TITLE 2

of suspension.

Who may take under powers.

Married

women,

their au

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.

$ 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.

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

Defective executions.

Ib.

Powers to sell in

$131. Where the execution of a power in trust shall be defective, in whole 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. Y., 278.

$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.

$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 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.

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Application of this article.

Terms
"grantor of
a power,"

$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.

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$ 135. The term "grantor of a power," is used in this Article, as designating the person by whom a power is created, and grant whether by grant or devise; and the term "grantee of a power," is used as designating the person in whom a power is vested, whether by grant, devise or reservation.

ee of

power" deiined.

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.

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.

f

SEC. 144. Grants conclusive against certain purchasers.

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.

ART. 4.

$136. The mode of conveying lands by feoffment with Livery of livery of seisin, is abolished.

seisin.

fee or of

how execut

$137. Every grant in fee or of a freehold estate, shall be Grants in subscribed and sealed by the person from whom the estate or freeholds, interest conveyed is intended to pass, or his lawful agent; if ed; when to not duly acknowledged, previous to its delivery, according to take effect. the 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. Y., 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.

in mort

of mort

$139. No mortgage shall be construed as implying a cove- Covenants nant for the payment of the sum intended to be secured; and gages. where there shall be no express covenant for such payment, Remedies 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.

in convey

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

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

Lineal and

S 141. Lineal and collateral warranties, with all their inci- [739] dents, are abolished; but the heirs and devisees of every collateral 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.

deeds de

$142. Deeds of bargain and sale, and of lease and release, Certain may continue to be used, and shall be deemed grants; and clared as such, shall be subject to all the provisions of this Chapter, grants concerning grants.

1 N. Y., 248.

certain con

$143. No greater estate or interest shall be construed to Effects of pass by any grant or conveyance, hereafter executed, than veyances.

TITLE 2

How far conclusive

ers.

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; 1 N. Y., 248.

$144. Every grant shall also be conclusive as against subon purchas- sequent 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.

Conveyances by

life or for

6 B., 356.

$145. A conveyance made by a tenant for life or years of tenants for 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.

years.

Attornment by tenant

when unnecessary.

Liabilities

of tenant.

Conveyance

of land ad

1 N. Y., 248.

S 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 his 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.

S 147. Every grant of lands shall be absolutely void, if at versely pos- 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.

sessed,

Mortgages may be given.

Effects

thereof.

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 Priority of 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.

lien.

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See Laws of 1845, ch. 112; 1841, ch. 261; 1840, ch. 318; 1839, ch. 174,

TITLE III.

OF ESTATES IN DOWER.

SEC. 1. Of what widows shall be endowed.

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

3. Dower in case of exchange of lands.

4. Dower in lands mortgaged before marriage.

5. In lands mortgaged for purchase money.

6. Claim to one-third of surplus proceeds of sale, in such 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, &c., 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, &c., 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.

TITLE 3.

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S 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- widows. tance, at any time during the marriage.

8 N. Y., 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; 16 W., 61-622; 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., 56, § 1.

aliens.

S2. 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 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; Cow., 713.

case of ex

3. If a husband, seised of an estate of inheritance in Dower in lands, exchanges them for other lands, his widow shall not change of have dower of both, but shall make her election, to be endowed lands. 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.

S4. Where a person seised of an estate of inheritance in Lands,

mortgaged

TITLE 2.

of suspension.

Who may take under powers.

Married

women,

their au

alienation may
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.

$ 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.

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

Defective executions.

Ib.

Powers to sell in

$131. Where the execution of a power in trust shall be defective, in whole 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. Y., 278.

S132. 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.

S133. 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 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.

[738]

Application of this arti

cle.

Terms
"grantor of

S 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.

$ 135. The term "grantor of a power," is used in this a power," Article, as designating the person by whom a power is created, and "grant whether by grant or devise; and the term "grantee of a power "de- power," is used as designating the person in whom a power is vested, whether by grant, devise or reservation.

ee of a

fined.

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.

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.

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