but may make use thereof as evidence of the amount of the 1 R. L.. 444, § 31; 15 N. Y., 328; 25 B., 249; 7 B., 194; 7 H., 88; TITLE 5. tenant for ing, &c, him. S 27. Every tenant to whom a declaration in ejectment, or Penalty on any other process, proceeding or notice of any proceeding, to not deliverrecover the land occupied by him, or the possession thereof, notice shall be served, shall forthwith give notice thereof to his land-served on lord, under the penalty of forfeiting the value of three years rent of the premises so occupied by him, which may be sued for and recovered by the landlord or person of whom such tenant holds. 1 R. L., 443, § 29. See Laws of 1846, ch. 274; 1855, ch. 17. TITLE V. MISCELLANEOUS PROVISIONS OF A GENERAL NATURE. SEC. 1. Words of inheritance not necessary to convey a fee, &c. 2. Intent of parties to conveyances, to be carried into effect. 3. Purchasers from heirs, not affected by will unless it be recorded, &c. words not to pass a 11. Vested rights, and construction of instruments, not to be affected. $1. The term "heirs," or other words of inheritance, shall Certain not be requisite to create or convey an estate in fee; and necessary every grant or devise of real estate, or any interest therein, fee hereafter to be executed, shall pass all the estate or interest All the esof the grantor or testator, unless the intent to pass a less grantor to estate or interest shall appear, by express terms, or be neces- less, &c. sarily implied in the terms of such grant. 12 N. Y., 128; 7 N. Y., 163; 5 N. Y., 452; 4 N. Y., 56; 28 B., 364; tate of pass, un courts in convey. ances. S2. In the construction of every instrument creating or Duty of conveying, or authorizing the creation or conveyance of, any construing estate or interest in lands, it shall be the duty of courts of justice, to carry into effect the intent of the parties, so far as such intent can be collected from the whole instrument, and is consistent with the rules of law. 8 N. Y., 539; 32 B., 45; 13 B., 127; 5 B., 103; 2 B., 368; 22 W., 489; real estate proved and S3. The title of a purchaser in good faith and for a valuable Wills of consideration, from the heirs at law of any person who shall to be have died seised of real estate, shall not be defeated or [749] impaired, by virtue of any devise made by such person, of within four the real estate so purchased, unless the will or codicil contain-years recorded when TITLE 5. devisee under disability, or will has been concealed. Mortgages on lands inherited or devised, by ing such devise, shall have been duly proved as a will of real estate, and recorded in the office of the surrogate having jurisdiction, or of the register of the court of chancery where the jurisdiction shall belong to that court, within four years after the death of the testator: except, 1. Where the devisee shall have been within the age of twenty-one years, or insane, or imprisoned, or a married woman, or out of the state, at the time of the death of such testator: or, 2. Where it shall appear, that the will or codicil containing such devise, shall have been concealed by the heirs of such testator, or some one of them: In which several cases, the limitation contained in this section shall not commence, until after the expiration of one year from the time when such disability shall have been removed, or such will or codicil shall have been delivered to the devisee or his representative, or to the proper surrogate. Laws of 1830, ch. 320, § 12. S 4. Whenever any real estate, subject to a mortgage executed by any ancestor or testator, shall descend to an heir, or whom to be pass to a devisee, such heir or devisee shall satisfy and dispaid. charge such mortgage, out of his own property, without resorting to the executor or administrator of his ancestor, unless there be an express direction in the will of such testator, that such mortgage be otherwise paid. Preference to mortgages for purchase money. Presumption of death in certain cases. Liability of guardians, 28 B., 429; 27 B., 45, 620; 10 Pai., 163; 3 Pai., 404; 9 Pai., 454; 11 Pai., 269. S5. Whenever lands are sold and conveyed, and a mortgage is given by the purchaser at the same time, to secure the payment of the purchase money, or any part thereof, such mortgage shall be preferred to any previous judgment which may have been obtained against such purchaser. 1 R. L., 375, § 15; 23 B., 125; 3 S. S. C., 118. S6. If any person, upon whose life any estate in lands or tenements shall depend, shall remain beyond sea, or shall absent himself, in this state or elsewhere, for seven years together, such person shall be accounted naturally dead, in any action concerning such lands or tenements, in which his death shall come in question, unless sufficient proof be made in such case, of the life of such person. 1 R. L., 103, § 1; 13 How. P. R., 120; 3 Ab., 224; 1 B. Ch., 462. $ 7. Every person, who, as guardian or trustee for an infant, c, holding and every husband seised in right of his wife only, and every over after other person having an estate determinable upon any life or have ceased. lives, who, after the determination of such particular estate, their estates without the express consent of the party immediately entitled after such determination, shall hold over and continue in possession of any lands, tenements or hereditaments, shall be adjudged to be a trespasser; and every person and his executors and administrators, who shall be entitled to such lands, tenements or hereditaments, upon the determination of such particular estates, may recover in damages against every such person so holding over, and against his, her or their executors or administrators, the full value of the profits received during such wrongful possession. 1 R. L., 167, § 7; 14 N. Y., 64, 430. CHAP. 2. [750] of rever S8. A person seised of an estate in remainder or reversion, Remedies may maintain an action of waste or trespass, for any injury sioners, &c. done to the inheritance, notwithstanding any intervening estate for life or years. 1 R. L., 527, § 33; 29 B., 15; 13 J. R., 268; 11 J. R., 429. of joint-te S 9. One joint tenant or tenant in common, and his execu- Remedies tors or administrators, may maintain an action of account, or nants, &c. for money had and received, against his co-tenant for receiving more than his just proportion; and the like action may be maintained by them against the executors or administrators of such co-tenant. 1 R. L., 90, § 2; 20 B., 447; 18 B., 265; 1 B., 506; 5 Cow., 188. tate" and S 10. The terms "real estate," and "lands," as used in "Real esthis Chapter, shall be construed as co-extensive in meaning "lands with lands, tenements and hereditaments. 2 N. Y., 376. defined. rights, and tion of in S 11. None of the provisions of this Chapter, except those Vested converting formal trusts into legal estates, shall be construed construc as altering or impairing any vested estate, interest or right; struments, or as altering or affecting the construction of any deed, will not to be or other instrument, which shall have taken effect at any time before this Chapter shall be in force as a law. 32 B., 429; 8 Pai., 304. affected. SEC. CHAP. II. Of Title to Real Property by Descent. (Took effect January 1, 1830.) 1. General rule as to the order in which real estate shall descend. 2. Rule as to lineal descendants in equal degrees of consanguinity. 3. Rule when any children are living and any have died leaving descendants. 4. Rule to apply to all descendants of unequal degrees. 5. In what cases inheritance to go to father. 6. When inheritance to go to mother. 7. When collateral relatives to inherit; rule if there are several of equal degrees. 9. Rule to apply to all other direct lineal descendants of unequal degrees. 10. Brothers and sisters of father, and their descendants, when to inherit. 11. When brothers and sisters of mother, and their descendants, to inherit. 12. In what case brothers and sisters of mother, and their descendants, to be 13. When brothers and sisters of father and mother, to inherit equally. 14. When mother of illegitimate intestate, and her descendants, to inherit. TITLE 4. Remedy of executors, rears of for the recovery of all arrears of such rent, that shall be behind and unpaid at the death of such other person, as he might have had if such person was in full life. 1 R. L., 438, § 16, 18, 19, 20 & 27. S21. The executors or administrators of every person to &c., for ar- whom any rent shall have been due and unpaid at the time of his death, may have the same remedy by action or by distress, for the recovery of all such arrears, that their testator or intestate might have had, if living. rent. Executors, &c., of te 20 B., 274; 5 Cow., 502. $22. When a tenant for life, who shall have demised any nant for life. lands, shall die on or after the day when any rent became due and payable, his executors or administrators may recover from the under tenant, the whole rent due; if he die before the day when any rent is to become due, they may recover the proportion of rent which accrued before his death. Rights of grantees, assignees, &c., of lessor of de mised lan Rights of lessees and their as $23. The grantees of any demised lands, tenements, rents or other hereditaments, or of the reversion thereof, the assignees of the lessor of any demise, and the heirs and personal representatives of the lessor, grantee or assignee, shall have the same remedies by entry, action, distress or otherwise, for the non-performance of any agreement contained in the lease so assigned, or for the recovery of any rent, or for the doing of any waste or other cause of forfeiture, as their grantor or lessor had, or might have had, if such reversion had remained in such lessor or grantor. 1 R. L., 363; 19 N. Y., 82; 12 N. Y., 296; 14 N. Y., 22; 6 N. Y., 491; 32 B., 458; 27 B., 173; 12 B., 462; 2 H., 276, 475; 5 D., 127; 13 W., 609; 2 Hilt., 6. S 24. The lessees of any lands, their assigns or personal representatives, shall have the same remedy by action or signees, &c. otherwise against the lessor, his grantees, assignees, or his or their representatives, for the breach of any covenant or agreement in such lease contained, as such lessee might have had against his immediate lessor, except covenants against incumbrances, or relating to the title or possession of the premises demised. [748] 12 N. Y., 301; 27 B., 173; 12 B., 462; 4 S. S. C., 516. $25. The provisions of the two last sections shall extend as Application well to grants or leases in fee, reserving rents, as to leases for life and for years. of two last sections. When landlord may use and occupation. 19 N. Y., 100; 32 B., 458; 27 B., 173; 12 B., 462. S26. Any landlord may recover in an action on the case, a recover for reasonable satisfaction for the use and occupation of any lands or tenements, by any person under any agreement not made by deed; and if any parol demise or other agreement, not being by deed, by which a certain rent is reserved, shall appear in evidence on the trial of any such action, the plaintiff shall not on that account be debarred from a recovery, but may make use thereof as evidence of the amount of the 1 R. L., 444, § 31; 15 N. Y., 328; 25 B., 249; 7 B., 194; 7 H., 88; TITLE 5. tenant for ing, &c, him. S 27. Every tenant to whom a declaration in ejectment, or Penalty on any other process, proceeding or notice of any proceeding, to not deliverrecover the land occupied by him, or the possession thereof, notice shall be served, shall forthwith give notice thereof to his land-served on lord, under the penalty of forfeiting the value of three years rent of the premises so occupied by him, which may be sued for and recovered by the landlord or person of whom such tenant holds. 1 R. L., 443, § 29. See Laws of 1846, ch. 274; 1855, ch. 17. TITLE V. MISCELLANEOUS PROVISIONS OF A GENERAL NATURE. SEC. 1. Words of inheritance not necessary to convey a fee, &c. 2. Intent of parties to conveyances, to be carried into effect. 3. Purchasers from heirs, not affected by will unless it be recorded, &c. words not to pass a 11. Vested rights, and construction of instruments, not to be affected. $1. The term "heirs," or other words of inheritance, shall certain not be requisite to create or convey an estate in fee; and necessary every grant or devise of real estate, or any interest therein, fee hereafter to be executed, shall pass all the estate or interest All the esof the grantor or testator, unless the intent to pass a less grantor to estate or interest shall appear, by express terms, or be neces- less, &c. sarily implied in the terms of such grant. 12 N. Y., 128; 7 N. Y., 163; 5 N. Y., 452; 4 N. Y., 56; 28 B., 364; tate of courts in conveyances. $ 2. In the construction of every instrument creating or Duty of conveying, or authorizing the creation or conveyance of, any construing estate or interest in lands, it shall be the duty of courts of justice, to carry into effect the intent of the parties, so far as such intent can be collected from the whole instrument, and is consistent with the rules of law. 8 N. Y., 539; 32 B., 45; 13 B., 127; 5 B., 103; 2 B., 368; 22 W., 489; real estate proved and recorded $3. The title of a purchaser in good faith and for a valuable Wills of consideration, from the heirs at law of any person who shall to he have died seised of real estate, shall not be defeated or [749] impaired, by virtue of any devise made by such person, of within four the real estate so purchased, unless the will or codicil contain-years when |