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§ 10. In all cases not provided for by the preceding rales, C^mod*" the inheritance shall descend according to the course of the law w,hen to

, ° prevail.

common law.

1 K. L., 52, § 3, 5th rule.

g 17. Whenever there shall be but one person entitled to Rule as to inherit, according to the provisions of this Chapter, he shall ono heir' take and hold the inheritance solely; and whenever an inher- several itance, or a share of an inheritance, shall descend to several tohoid.ow persons, under the provisions of this Chapter, they shall take as tenants in common, in proportion to their respective rights.

6 H., 637.

§ 18. Descendants and relatives of the intestate, begotten ir34i before his death, but born thereafter, shall in all cases inherit ^°st?5v

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in the same manner, as if they had been born in the lifetime J^*,°ts of the intestate, and had survived him. twee?

1 R L, 54, § 6; 2 B., 251.

<3 19. Children and relatives who are illegitimate, shall not JUfjgJJJJ*1* be entitled to inherit, under any of the provisions of this andreiaChapter. ' tlTeB

§ 20. The estate of a husband as tenant by the curtesy, or certain esof a widow as tenant in dower, shall not be affected by any of not to be' the provisions of this Chapter; nor shall the same affect any affectedlimitation of any estate by deed or will.

, 1 R. L., 54, § 4; 28 B., 344; 15 How. P. R., 595. .

§ 21. Keal estate held in trust for any other person, if not Estates in devised by the person for whose use it is held, shall descend tru"t' to his heirs, according to the provisions of this Chapter.

1 R. L., 74, § 4.

§ 22. No person capable of inheriting under the provisions Alienism of of this Chapter, shall be precluded from such inheritance, by ance9torreason of the alienism of any ancestor of such person.

13 N. T., 535; 6 N. T., 274; 3 B. Ch., 446; 21 W., 130; 3 S. S. 0., 81;
7 W., 336.

g 23. If any child of an intestate shall have been advanced when aaby him, by settlement or portion of real or personal estate, or tooeeMtoir. of both of them, the value thereof shall be reckoned, for the purposes of this section only, as part of the real and personal estate of such intestate, descendible to his heirs, and to be distributed to his next of kin, according to law; and if such advancement be equal or superior, to the amount of the share, which such child would be entitled to receive, of the real and personal estate of the deceased, as above reckoned, then such child and his descendants shall be excluded from any share, in the real and personal estate of the intestate.

1 R. L., 313, § 16; 3 S. Ch., 127; 4 Ab., 3; 13 B., 252.

§ 24. But if such advancement be not equal to such share, when to be such child and his descendants shall be entitled to receive so "uc much only, of the personal estate, and to inherit so much only, of the real estate of the intestate, as shall be sufficient

I. —89

Chap. s. ^o make all the shares of the children, in such real and personal estate and advancement, to be equal as near as can be estimated.

3 S. Ch„ 127.

vaincof ad- § 25. The value of any real or personal estate so advanced, vancement. s|Ja]| ^e deemed to be that, if any, which was acknowledged by the child by an instrument in writing; otherwise such value shall be estimated, according to the worth of the property when given.

3 S. Ch., 127.

Eipeneeo, § 26. The maintaining or educating, or the giving of money Tancements to a child, without a view to a portion or settlement in life, shall not be deemed an advancement.

10 B., 72.

Term* § 27. The term "real estate," as used in this Chapter, shall tarteH"and be construed to include every estate, interest and right, legal "'"'dV and equitable, in lands, tenements and hereditaments, except such as are determined or extinguished by the death of an intestate, seised or possessed thereof, or in any manner entitled thereto, and except leases for years, and estates for the life of another person; and the term "inheritance," as used in this Chapter, shall be understood to mean real estate, as herein defined, descended according to the provisions of this Chapter.

conutrnc- § 28. Whenever, in the preceding sections, any person is tain expres- described as living, it shall be understood that he was living 8lon8" at the time of the death of the intestate, from whom the descent came; and whenever any person is described as having died, it shall be understood, that he died before such intestate. Mining of g 20. The expressions used in this Chapter, "where the estate other ci-_ shall have come to the intestate, on the part of the father," or "mother," as the case may be, shall be construed to include every case where the inheritance shall have come to the intestate, by devise, gift, or descent from the parent referred to, or from any relative of the blood of such parent.

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CHAP. III.

Of the Proof and Recording of Conveyances of Real
Estate, and the Cancelling of Mortgages.

(Took effect January 1, 1830.)

Sec. 1. Conveyances where to be recorded; consequence of omission.

2. Deeds and mortgages to be recorded in different books.

3. Defeasances, of deeds to be recorded with them.

4. Officers authorised to take proof, &c. of deeds.

5. Ambassadors, consuls, in Europe, may take proofs.

6. In Great Britain. Ac. consuls, &c. may take proof.

7. Proofs, how certified; effect thereof.

8. Proofs, 4c. before special commissioners appointed by chancery.

Sec. 9. Identity to he known or proved. CHAP. 8.

10. Married woman in this state, to be examined, 4c.

11. Proof of conveyances by married woman out of this state.

12. Proof of deeds by subscribing witness.

13. When and how witnesses to deeds, compelled to testify concerning them.

14. Penalty and proceedings on refusal, to appear or to testify.

15. Certificate of proof, to bo endorsed on deed.

16. Conveyances so proved and certified, evidence and entitled to be recorded.

17. Record and transcript, evidence; proof may be contested.

18. Certificates when and how to be authenticated. ,

19. Last section not to apply to deeds of agents of certain estates.

20. Certificates to be recorded with conveyance.

21. Conveyances by treasurer of Connecticut, how verified.

22. This Chapter not to affect conveyances heretofore proved.

23. Conveyances heretofore executed, but not proved, how to be proved.

24. Conveyances to be recorded in order of delivery.

25. Entry of time of recording, to be made, and endorsed.

26. Transcripts of records how to be verified.

27. Conveyances of lands out of this state, how proved.

28. Upon what proof mortgages, to bo discharged.

29. Certificate of discharge and proof, Sc. to be recorded.

30. When witnesses to conveyance dead, before whom it may be proved. [756]

31. What proof to be made; matters to be stated in certificate.

32. Deed so proved, on being deposited, may be recorded.

33. Effect of recording and deposit, as evidence.

34. Punishment for recording deeds, without being proved.

35. Punishment for malfeasance in executing powers herein given.

36. Definition of term "real estate," as used in this Chapter.

37. Construction of the term "purchaser."

38. Meaning of term "conveyance."

39. Last section not to extend to powers of attorney.

40. Letter of attorney recorded not affected by revocation until recorded.

41. Recording assignment of mortgage not to be notice. ,

42. This Chapter not to extend to leases for life or years.

43. What provisions of this Chapter apply to register in New-York.

§ 1. Every conveyance of real estate, within this state, conveyhereafter made, shall be recorded in the office of the clerk of ^corala ta the county where such real estate shall be situated; and every gjjlj of. such conveyance not so recorded, shall be void as against any flce• subsequent purchaser, in good faith and for a valuable con- rwordcd,be sideration, of the same real estate, or any portion thereof, uueC5, $'8.i whose conveyance shall be first duly recorded.

1 R. L., 369, 372; Laws of 1819, 209; of 1821, 127; of 1822, 261, 284-
of 1823, 412; 13 N. Y., 520; 8 N. Y., 27, 450; 29 B., 507; 25 B.|
399; 22 B., 65; 20 B., 392; 18 B., 202; 16 B., 264; 6 B., 67, 349,
346; 15 W., 588; 8 W., 620; 6 W., 213; 3 W, 180; 2 B. Ch, 158;
6 H., 473; 2 H., 660; 8 Pai., 547; 4 Pai., 215; 3 Pui., 437; IS.
Ch., 425; 1 Ed., 653; 2 J. C. R, 604; 2 J. R., 509.

<5 2. Different sets of books shall be provided, by the clerks Different of the several counties, for the recording of deeds and niort- dcod'Ind gages; in one of which sets, all conveyances absolute in their morts>liie3terms, and not intended as mortgages, or as securities, in the nature of mortgages, shall be recorded; and in the other set, such mortgages and securities shall be recorded.

6 N. Y., 147.

CHAP. 3. Certain deeds to be deemed mortgagee.

Defeasances

Ac, to be recorded.

Officers
who may
take proofs,
&c, of
dceda.

In this state

[T57]

In any other part of Unltod States.

Ambassadors, consuls, Ac., in Europe, Ac

5 3. Every deed conveying real estate, which, by any other instrument in writing, 'shall appear to have been intended, only as a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage; and the person for whose benefit, such deed shall be made, shall not derive any advantage from the recording thereof, unless every writing, operating as a defeasance of the same, or explanatory of its being designed to have the effect only qf a mortgage, or conditional deed, be also recorded therewith, and at the same time.

1 R. L., 372, § 3; Lawsof 1822, 262, § 3; IG B., 439; 5 B., 652; 3 W, 208; 2 Cow., 324; BPaL, 111; lPai., 553; CI. Cli., 167; 6 J. C. K., 417.

§ 4. To entitle any conveyance hereafter made, to be recorded by any county clerk, it shall be acknowledged by the party or parties executing the same, or shall be proved by a subscribing witness thereto, before any one of the following officers:

1. If acknowledged or proved within this state; the chancellor, justices of the supreme court, circuit judges, supreme court commissioners, judges of county courts, mayors and recorders of cities, or commissioners of deeds; but no county judge, or commissioner of deeds for a county or city, shall take any such proof or acknowledgment, out of the city or county, for which he was appointed:

2. If acknowledged or proved out of this state, and within the United States; the chief justice and associate justices of the supreme court of the United States, district judges-of the United States, the judges or justices of the supreme, superior or circuit court, of any state or territory, within the United States, and the chief judge, or any associate judge, of the circuit court of the United States, in the district of Columbia; but no proof or acknowledgment, taken by any such officer, shall entitle a conveyance to be recorded, unless taken within some place or territory, to which the jurisdiction of the court to which he belongs, shall extend.

1 R. L., 369, § 1; by Laws of 1848, ch. 195, as amended by Laws of 1856, eh. 61, provision is made for acknowledgments out of this Btate; seo also Laws of 1858, ch. 259; by Laws of 1840, ch. 233; 1829, ch. 222; 1S4S, ch. 109, the power is conferred on justices of the peace in this state, any mayor in the U. S., any U. S. consul abroad and the judges in Canada; 6 N. Y., 422; 5 N. ¥., 36; 8 B., 5G2; 5 H., 574; 6 Pai., 60; 11 J. R., 435; 4 J. Bj, 162.

<§ 5. If the party or parties executing such conveyance, shall be, or reside, in any state or kingdom in Europe, or in North, or South America, the same may be acknowledged or proved before any minister plenipotentiary, or any minister extraordinary, or any charge des affaires, of the United States, resident and accredited within such state or kingdom. If such parties be or reside in France, such conveyance may be acknowledged or proved before the consul of the United States, appointed to reside at Paris; and if such parties be or reside in Russia, such conveyance may be acknowledged or proved before the CHAP'* consul of the United States appointed to reside at St. Petersburgh.

Laws of 1816, 118.

§ 6. If the party to such conveyance be, or reside, within Mayors, the United Kingdom of Great Britain and Ireland, or the &"!?u' dominions thereunto belonging, the same may be ackuow- S,TM'5'"" ledged or proved before the mayor of the city of London, the mayor or chief magistrate of the city of Dublin, or the provost or chief magistrate of the city of Edinburgh, or before the mayor or chief magistrate of Liverpool, or before the consul of the United States appointed to reside at London.

1 R. Li, 370, § 3; Laws of 1817, 58.

§ 7. Such proof or acknowledgment, duly certified under Proofs, *e., the hand and seal of office, of such consuls, or of the said ataiaiorniayors or chief magistrates respectively, or of such minister countries, or cliarge des affaires, shall have the like force and validity, as if the same were taken, before a justice of the supreme court of this state.

Laws of 1816, 118; 1 R. L., 370; Laws of 1817. 58.

<5 8. Every such conveyance, heretofore made, or hereafter ^^\&c-' to be made, may be acknowledged or proved, without the special com" United States, before any person specially authorised for that "rom'chanparticular purpose, by a commission under the seal of the cerycourt of chancery of this state, to be issued to any reputable person residing in, or going to, the country where such proof or'aekuowledgment is to be taken; and the acknowledgment or proof so taken, shall be of the like force and validity, as if the same were taken before a justice of the supreme court of this state.

Laws of 1817, 58, § 1 & 2; see Laws of 1840, ch. 290.

<§ 9. No acknowledgment of any conveyance having been executed, shall be taken by any officer, unless the officer £rqauCknowtaking the saine, shall know, or have satisfactory evidence, laments, that the person making such acknoAvledgment, is the individual described in, and who executed such conveyance.

1 R. L., 3G9, § 1 & 2; 25 W., 274; 19 W., 442; 13 W., 541; 4 W, 563;
2 Cow., 652; 11 J. R., 434; 6 J. R., 149; 1 J. R., 498.

§ 10. The acknowledgment of a married woman residing ^,d^hbe° within this state, to a conveyance purporting to be executed "^jTM^?; by her, shall not be taken, unless in addition to the requisites TMute.n contained in the preceding section, she acknowledge, on a private examination, apart from her husband, that she executed such conveyance, freely, and without any fear or compulsion of her husband; nor shall any estate of any such married woman, pass, by any conveyance not so acknowledged.

4 N. T., 15; 20 B., 371; 17 B., 660; 15 B., 337; 13 B., 54; 5 B., 227;
2 B. Ch., 268; 10 Pai., 346; 3 Pai., 121; 8 Cow., 283; 20 J. R., 201;
16 J. R., 110; 7 J. R., 86; 4 Ed., 73; 12 How. P. R., 441.

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