TITLE 1. seven hundred and seventy-five, or which may hereafter be made, with the Indians in this state, is valid, unless made under the authority and with the consent of the legislature of this state. Sales, &c., by Indians, 20 J. R., 693. S 12. No Indian residing within this state, can make any prohibited. contract for or concerning the sale of any lands within this state, or in any manner give, sell, devise or otherwise dispose of any such lands, or any interest therein, without the authority and consent of the legislature of this state, except as herein after provided. [720] Heirs of certain In diane may convey, &c. Improvements to be paid for. Resident aliens may sition, &c., 2 R. L., 153, § 1; 8 Cow., 190; see Laws of 1843, ch. 87; 1847, ch. 486; 1849, ch. 420. S 13. The heirs of every Indian to whom land has been granted for military services rendered during the war of the revolution, shall be and are capable of taking and holding any such lands by descent, in the same manner as if such heirs were citizens of this state, at the death of their ancestors; and every conveyance executed by such patentee, or his heirs, after the seventh day of March, one thousand eight hundred and nine, to any citizen of this state, for any such land, shall be valid, if executed with the approbation of the surveyorgeneral of this state, to be expressed by an endorsement made on such conveyance and signed by him. 2 R. L., 175, § 55; 15 J. R., 264. $ 14. If any land so conveyed shall have been occupied or improved, at the time of such conveyance, the occupant, his heirs or assigns, shall be entitled to be paid for the improvements made by them, or either of them, in the manner provided in the second section of the act, entitled "An act concerning lands in the military tract," passed April 8, 1813. S 15. Any alien who has come, or who may hereafter come make depo- into the United States may make a deposition or affirmation to be filed,' in writing, before any officer authorised to take the proof of &c., by sec- deeds to be recorded, that he is a resident in this state, and intends always to reside in the United States, and to become a citizen thereof, as soon as he can be naturalized, and that he has taken such incipient measures as the laws of the United States require, to enable him to obtain naturalization;" which shall be certified by such officer, and be filed and recorded by the secretary of state, in a book to be kept by him for that purpose. And such certificate, or a certified copy thereof, shall be evidence of the facts therein contained. Laws of 1825, 427, § 1, 2 & 3; 1834, ch. 272; 20 N. Y., 320; 1 Ed., 512; 10 W., 379. retary of state. Entitled thereafter to hold lands; may dispose of them, but not to lease. $ 16. Any alien who shall make and file such deposition, shall thereupon be authorised and enabled to take and hold lands and real estate, of any kind whatsoever, to him, his heirs and assigns forever, and may, during six years thereafter, sell, assign, mortgage, devise and dispose of the same, in any manner, as he might or could do if he were a native citizen of this state, or of the United States, except that no such alien shall have power to lease or demise any real estate, which he may take or hold by virtue of this provision, until he becomes naturalized. 4 Ed., 407; 20 W., 230; 21 W., 60. TITLE 2 lands previ quired. S17. Such alien shall not be capable of taking or holding Not to hold any lands or real estate, which may have descended, or been ously ac devised or conveyed to him previously to his having become such resident, and made such deposition or affirmation as aforesaid. See Laws of 1845, ch. 115; 20 N. Y., 320; 21 W., 62; 4 Ed., 407. herit in case. S18. When such alien shall die within six years after Heirs to inmaking and filing such deposition, intestate, leaving heirs certain inhabitants of the United States, such heirs shall take by descent, and hold any real estate of which such alien died seised in the same manner as they would have inherited if such alien had been, at the time of his death, a citizen of this state. Laws of 1826, 348, § 2. [721] certain aliens may may re lands sold cases. $ 19. If any alien shall sell and dispose of any real estate, On sale of which he is entitled by law to hold and dispose of, he, his lands, heirs and assigns, may take mortgages in his or their own take mortname as a collateral security for the purchase money due gages, and thereon, or any part thereof; and such mortgagee, his heirs, as- purchase signs or legal representatives, or any of them, may re-purchase in certain any of the said premises, on any sale thereof made by virtue of any power contained in such mortgage, or by virtue of any judgment or decree of any court of law or equity, rendered in order to enforce the payment of any part of such money, and may hold the same premises, in the like manner, and with the same authority, as the same were originally held by such mortgagor. 2 R. L., 542, § 2; 20 N. Y., 320. and inca certain $20. Every alien who shall hold any real estate by virtue Liabilities of any of the foregoing provisions, shall be subject to duties, pacities of assessments, taxes and burthens, as if he were a citizen of aliens. this state; but shall be incapable of voting at any election, or of being elected or appointed to any office, or of serving on any jury. Laws of 1825, 427, § 4. See Laws of 1843, ch. 87; 1845, ch. 115; 1834, ch. 272; 1857, ch. 576. TITLE II. OF THE NATURE AND QUALITIES OF ESTATES IN REAL PRO- ART. 1. Of the creation and division of estates. ART. 2. Of uses and trusts. TITLE 2 [722] Enumera tion of es tates in land. What estate ARTICLE FIRST. OF THE CREATION AND DIVISION OF ESTATES. SEC. 1. Enumeration of estates in land. 2. Estates of inheritance, a fee simple. 3 & 4. Estates tail abolished; remainders thereon, when valid. 5. What to be the estates of freehold, chattels real and chattel interests. 6. Estates for life, when freehold, when chattels real. 7. Estates in possession and in expectancy. 8. Definition of those estates respectively. 9. Enumeration of estates in expectancy. 10. Definition of a future estate. 11. When a future estate is a remainder. 12. Definition of a reversion. 13. When future estates are vested, when contingent. 14. Certain future estates void; when power of alienation deemed suspended. 15. How long power of alienation may be suspended. 16. A contingent remainder in fee may be created. 17. Limitation of successive estates for life. 18. Remainders upon estates for life of third person. 19. When remainder to take effect. 20. Contingent remainder on a term for years. 21. Estates for life, as remainders, on a term for years. 22. Meaning of "heirs" and "issue" in certain remainders. 23. Limitations, to apply to chattel interests in lands. 24. Remainders, future and contingent estates, how created. 25. Future estates, in the alternative, may be created. 26. Future estates not to be void on ground of improbability, &c. 27. Remainder upon a contingency. 28. Heirs of a tenant for life, to take as purchasers. 29. Construction of certain remainders. 30 & 31. In what cases posthumous children to take, or defeat, future estates. 32 Expectant estates not to be defeated by owners of precedent estate. 33. But such estates may be defeated by means provided by the grantor. 34. Remainder not to be defeated by termination of precedent estate. 35. Expectant estates descendible, devisable and alienable. 36. Limitations on the disposition of future profits. 37. Accumulations of profits of land, may be directed. 38. Other directions for accumulation, when void in part, when wholly void. 39. When profits, may be applied to education, &c. of infants. 40. To whom rents and profits of lands, in certain cases to belong. 41. What deemed the time of creation of expectant estates. 42. Expectant estates not herein enumerated, abolished. 43. Nature of estates in severalty, joint tenancy and in common. 44. What to be deemed estates in common, what in joint tenancy. S1. Estates in lands are divided into estates of inheritance, estates for life, estates for years, and estates at will and by sufferance. 11 N. Y., 494; 8 N. Y., 52; 26 B., 210; 22 B., 402. S 2. Every estate of inheritance, notwithstanding the abolia fee simple tion of tenures, shall continue to be termed a fee simple, or fee; and every such estate, when not defeasible or conditional, shall be termed a fee simple absolute, or an absolute fee. Estates tail abolished. Their 28 B., 339; 1 B., 576. § 3. All estates tail are abolished; and every estate which would be adjudged a fee tail, according to the law of this ART. 1. nature state, as it existed previous to the twelfth day of July, one thousand seven hundred and eighty-two, shall hereafter be declared. adjudged a fee simple; and if no valid remainder be limited thereon, shall be a fee simple absolute. 1 R. L., 52, § 1; 6 N. Y., 421; 2 N. Y., 357, 387; 5 D., 46; 12 J. R., remainders $4. Where a remainder in fee shall be limited upon any Certain estate, which would be adjudged a fee tail, according to the valid. law of this state, as it existed previous to the time mentioned in the last section, such remainder shall be valid as a contingent limitation upon a fee, and shall vest in possession, on the death of the first taker, without issue living at the time of such death. 5 D., 35; 2 D., 9, 336. chattels tel interests S5. Estates of inheritance and for life, shall continue to be Freeholds; denominated estates of freehold; estates for years, shall be real; chatchattels real; and estates at will or by sufferance shall be chattel interests, but shall not be liable as such to sale on executions. 11 N. Y., 498; 8 N. Y., 52; 25 B., 108; 17 B., 396; 12 B., 481; 11 B., life of third when free S6. An estate during the life of a third person, whether Estates for limited to heirs or otherwise, shall be deemed a freehold only person during the life of the grantee or devisee, but after his death it hold, &c. shall be deemed a chattel real. 3 H., 442; 5 D., 414. sion or $7. Estates, as respects the time of their enjoyment, are In possesdivided into estates in possession, and estates in expectancy. expectancy. 1 S. Ch., 342. of those S8. An estate in possession, is where the owner has an [723] immediate right to the possession of the land. An estate in Definition expectancy, is where the right to the possession is postponed estates. to a future period. $9. Estates in expectancy, are divided into, Enumeration of es 1. Estates commencing at a future day, denominated future tates in estates: and, 2. Reversions. 6 N.Y., 360. expectancy tates. S 10. A future estate, is an estate limited to commence in Future espossession at a future day, either without the intervention of a precedent estate, or on the dermination, by lapse of time or otherwise, of a precedent estate, created at the same time. 6 N. Y., 360; 31 B., 562. are remain S11. Where a future estate is dependent on a precedent When they estate, it may be termed a remainder, and may be created ders. and transferred by that name. 6 N. Y., 360; 31 B., 562; 5 Pai., 466. S 12. A reversion is the residue of an estate left in the Reversions. grantor or his heirs, or in the heirs of a testator, commencing TITLE 2. Vested and contingent future estates. in possession on the determination of a particular estate granted or devised. S13. Future estates are either vested or contingent. They are vested, when there is a person in being, who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate. They are contingent, whilst the person to whom, or the event upon which they are limited to take effect, remains uncertain. 18 N. Y., 418; 6 N. Y., 360; 31 B., 562; 28 B., 367; 5 B., 101; 2 B., 248. Void future $ 14. Every future estate shall be void in its creation, which estates. shall suspend the absolute power of alienation for a longer Suspending period than is prescribed in this Article. Such power of alienation is suspended, when there are no persons in being, by whom an absolute fee in possession can be conveyed. power of alienation. How long it may ded. 9 N. Y., 403; 6 N. Y., 467; 5 N. Y., 413; 31 B., 336; 30 B., 321; 10 B., 388; 9 B., 344; 8 B., 28; 7 B., 592; 5 B., 101; 4 B., 89; 3 B, 244; 1 D., 57; 26 W., 21, 236; 24 W., 661; 20 W., 564; 18 W., 257; 16 W., 61, 324; 14 W., 265; Pai., 110, 521; 8 Pai., 106, 303, 485; 7 Pai., 230, 534; 5 Pai., 172, 318, 602; 4 Pai., 342; 4 S. S. C., 539. $ 15. The absolute power of alienation, shall not be susbe suspen- pended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section. Contingent remainder in fec. Limitation of success ive estates for life. [724] Remainder upon cer for life. 9 N. Y., 403; 6 N. Y., 467, 510; 7 N. Y., 548; 5 N. Y., 413; 31 B., 336; 17 B., 25; 10 B., 388; 9 B., 344; 8 B., 20; 7 B., 592; 5 B., 438; 16 W., 61; 14 W., 265; 13 W., 441; 5 D., 646; 1 D., 449; 5 Pai., 220; 4 S. Ch., 414, 525, 528; 2 S. Ch., 56; 2 Du., 57; 5 S. S. C., 174, 363; 4 S. S. C., 539. S 16. A contingent remainder in fee, may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited, shall die under the age of twenty-one years, or upon any other contingency, by which the estate of such persons may be determined before they attain their full age. 26 B., 233; 1 S. Ch., 178. S17. Successive estates for life shall not be limited, unless to persons in being at the creation thereof; and where a remainder shall be limited on more than two successive estates for life, all the life estates subsequent to those of the two persons first entitled thereto, shall be void, and upon the death of those persons, the remainder shall take effect in the same manner as if no other life estates had been created. 9 N. Y., 403; 8 B., 538; 7 B., 241; 6 B., 502; 16 W., 324. $ 18. No remainder shall be created upon an estate for the tain estates life of any other person or persons than the grantee or devisee of such estate, unless such remainder be in fee; nor shall a remainder be created upon such an estate in a term for years, unless it be for the whole residue of such term. |