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6. By the Revised Statutes of New York, which took effect in 1830, all feudal tenures were abolished. But the abolition of tenures did not take away or discharge any rents, or services certain, which at any time before had been, or at any time thereafter should be, created or reserved.

7. Every citizen of the United States is competent to hold lands, and take the same by devise, descent, or purchase. Every person competent to hold lands may alienate the same in the form prescribed by statute, except idiots, persons of unsound mind, infants, and, in some States, married women. In some of the States restrictions are placed upon the transfer of real property by the Indians, and in others no distinction is made. An alien may become qualified to hold real estate in most of the States before he is naturalized. He must, however, become a resident of the State, with the intention of becoming a citizen of the United States, as soon as he can be naturalized. He must declare his intention to become a citizen. He must prepare a statement under oath, showing that he has complied with these requisitions. This certificate must be filed with the secretary of state. He is then authorized to take, hold, and transmit real property for a period of six years, during which time he may complete his naturalization. In case of the death of such alien within six years, his heirs may take by descent, if they are qualified to hold the same, and the widow may be endowed.

6. When were feudal tenures abolished in New York? What did this abolition of tenures not take away or discharge?

7. Who is competent to hold lands? How may they take the same? Who may convey lands? What is the rule as to Indians? Can an alien become qualified to hold real estate? Where must he reside? With what intention? What must he declare? What must he prepare? Where must he file such certificate? What is he then authorized to do? In case of the death of such alien within six years, who may take his property? Is his widow entitled to dower?

CHAPTER LIL

CLASSES OF ESTATES.

1. ESTATES in lands are divided into four classes: 1. Estates of inheritance; 2. Estates for life; 3. Estates for years; 4. Estates at will or by sufferance. Tenures are abolished in most of the States. Every estate of inheritance is termed a fee-simple, or fee. Every such estate, when not defeasible or conditional, is termed a fee-simple absolute. Estates tail are generally abolished. Estates of inheritance and estates for life, are freehold estates. Those who hold such estates are freeholders. Estates for years, are chattels real. Estates at will or on sufferance are not liable to levy and sale under execution. An estate during the life of a third person, whether limited to heirs or otherwise, is deemed a freehold only during the life of the grantee or devisee. After his death, it is deemed a chattel real.

2. Estates are of two kinds as to the time of their enjoyment: 1. Estates in possession; 2. Estates in expectancy. In an estate in possession, the owner has a right to the immediate possession of the lands. In an estate in expectancy, the right to the possession is postponed to a future period. Estates in expectancy are divided into two classes: 1. Estates to commence at a future day, denomi

1. Into what classes are estates in lands divided? What is the condition of tenures in most of the States? What is every estate of inheritance called? If not defeasible or conditional? What is the condition of entailed estates? Which are freehold estates? What are the holders of such estates called? Which are chattels real? Which are not liable to levy and sale under execution? When are estates for the life of a third person freehold estates? What do they become after the death of the grantee or devisee?

2. Of what two kinds are estates, as to the time of their enjoyment? When has the owner a right to take estates in possession? When has he the right to the possession of estates in expectancy? Into what two

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nated future estates; 2. Estates to return after the expiration of some other estate, denominated reversions. A future estate is an estate, the possession of which is to commence at a future day, either without the intervention of a precedent estate, or on the determination, by lapse of time or otherwise, of a precedent estate created at the same time. When a future estate is dependent on a precedent estate, it may be termed a remainder, and may be created and transferred by that name. A reversion is the residue of an estate left in the grantor or his heirs, or in the heirs of a testator, possession commencing on the determination of a particular estate, granted or devised.

3. Future estates are either-1. Vested; or, 2. Contingent. Future estates 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. Future estates are contingent, while the person to whom, or the event upon which, they are limited to take effect remains uncertain. In New York, every future estate is void in its creation, which suspends the absolute power of alienation for a longer period than there are persons in being to whom an estate in fee in possession can be conveyed. The absolute power of alienation cannot be suspended by any limitation or condition whatever for a longer period than the continuance of two lives in being at the creation of the estate, with one single exception. A contingent remainder in fee may be limited on a prior remainder in fee, to take effect in the event that the person to whom the first remainder is limited shall die under the age of twenty-one years.

4. All life-estates subsequent to those of the first two

classes are estates in expectancy divided? What is a future estate? When a future estate is dependent on a precedent estate, what may it be termed? What is a reversion?

3. Of what two classes are future estates? When are future estates vested? When contingent? What future estates are void in their creation in the State of New York? For what period only can the absolute power of alienation be suspended? What is the exception?

4. What life estates are void?

How does the remainder take effect

are void. Upon the death of these two persons, the remainder takes effect in the same manner as if no other life estates had been created. The accumulation of rents, issues, and profits of real estate may be directed by deed or will for the benefit of one or more minors, to terminate at the expiration of their minority. If such accumulation be for a longer time than the minority of the persons for whose benefit it is created, it is void as respects the time beyond such minority. If such infants shall be destitute of other sufficient means of support and education, the court will direct. a suitable sum to be applied to their maintenance and education.

5. Estates, in respect to the number and connection of their owners, are divided into-1. Estates in severalty; 2. Estates in joint tenancy; 3. Estates in common. Estates granted or devised to two or more persons, in their own right, are held in common, unless expressly declared to be in joint tenancy. Estates vested in executors or trustees, as such, are held by them in joint tenancy. An estate in severalty, is where one tenant holds the estate in his own right. The distinctive feature of an estate in joint tenancy is the right of survivorship. At common law, the entire estate, upon the death of one of the joint tenants, goes to the survivors, and the last survivor takes an estate of inheritance. The right of survivorship, in many of the States, is abolished, except in case the estate is held in trust. Estates in common may be terminated

upon the death of those two persons? When may the accumulation of the rents, issues, and profits of real estate be directed by deed or will? When does it terminate? If such accumulation be directed for a longer time than the minority of the persons for whose benefit it was created, what is the effect? When may the court direct a suitable sum to be applied to the maintenance and education of such infants?

5. Into how many classes are estates divided, as to the number and connection of their owners? How are estates granted or devised to two or more persons, in their own right, held? How are estates vested in executors or trustees held? What is an estate in severalty? What is the distinctive feature in an estate in joint tenancy? What is the right of survivorship, at common law? Is the right of survivorship still in force in the several States? How may estates in common be terminated?

in two ways: 1. By uniting all the titles in one tenant; 2. By partition.

6. Estates at will originate in mutual agreement, and depend upon the concurrence of both parties. The dissent of either party may terminate it. Such an estate cannot be the subject of conveyance. The estate of a tenant who comes into possession of lands by lawful title, but holds over by wrong after the determination of his interest, is an estate at sufferance. A conditional estate is one which has a qualification annexed to it by which it may, upon the happening or not happening of a particular event, be confirmed, modified, or destroyed. Estates by the courtesy and estates in dower will be examined hereafter.

CHAPTER LIV.

ALIENATION BY DEED.

1. THE usual term of transfer of real estate by deed is a grant. The person making and executing the deed, is called the grantor. The person to whom the estate is granted, is called the grantee. The instrument by which it is transferred, is called a deed. Real estate may be transferred from one person to another in three ways: 1. By deed; 2. By will; 3. By descent.

2. Every grant in fee of a freehold estate must be made in writing. It must be subscribed by the grantor or his

6. In what do estates at will originate? Upon what do they depend? How may they be terminated? Is such an estate a subject of conveyance? What is an estate at sufferance? What is a conditional estate? What other estates are mentioned ?

1. What is the usual term of transfer of real estate by deed? What is the person making and executing the deed called? What is the person called to whom the estate is granted? What is the instrument by which the transfer is made called? In how many ways may real estate be transferred from one owner to another?

2. How must every grant in fee of a freehold estate be made? By

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