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lessors or owners thereof, after such destruction or injury, unless otherwise expressly provided by written agreement or covenant, and the lessees or occupants may thereupon quit and surrender possession of the leasehold premises, and of the land so leased or occupied.

26 N. Y., 498; 29 How. Pr. R., 262; 55 N. Y., 280; 54 N. Y., 450; 45 N. Y., 123; 35 N. Y., 123; 45 How. Pr. R., 127; 42 How. Pr. R., 64; 7 Abb. Pr. R. (N. S.), 29; 1 Sweeney, 38; 2 Sweeney, 188; 61 N. Y., 356; 1 Sheld., 208; 67 Barb., 66; 13 Abb. N. C., 442; 14 Abb. N. C., 60; 17 W. D., 452; 33 Hun, 567; 34 Hun, 250; 87 N. Y., 98; 94 N. Y., 401; 13 Daly, 548, 555.

L. 1860, Chap. 396- An act to repeal chapter ninety-eight of the laws of eighteen hundred and five, and the subsequent re-enactment thereof. Former acts restricted. SECTION 1. Chapter ninety-eight of the laws of eighteen hundred and five, passed April ninth, eighteen hundred and five, entitled "An act to amend an act entitled 'An act to enable grantees of reversions to take advantage of the conditions to be performed by lessees," and section three of chapter thirty-one of the revised laws, passed March nineteenth, eighteen hundred. and thirteen, being a re-enactment of said chapter ninety-eight of the laws of eighteen hundred and five, and section twenty-five of chapter one, title four, part two of the Revised Statutes, being a further re-enactment of the same, shall not apply to deeds of conveyance in fee made before the ninth day of April, eighteen hundred and five, nor to such deeds hereafter to be made.

12 N. Y., 301, 406; 27 Barb., 173; 32 Barb., 453, 463, 473; 12 Barb., 462; 4 Sandf., 516; 1 Robt., 466; 7 Robt., 120; 1 Abb. Pr. R. (N. S.), 106.

L. 1873, Chap. 583– An act to define some of the rights and responsibilities of landlords and tenants.

When lease to become void. SECTION 1. Whenever the lessee or occupant, other than the owner of any building or premises, shall use or occupy the same, or any part thereof, for any illegal trade, manufacture or other business, the lease or agreement for the letting or occupancy of such building or premises shall thereupon become void, and the landlord of such lessee or occupant may enter upon the premises so let or occupied. [The remainder of this section repealed by L. 1880, ch. 245.]

[See Code Civ. Proc., § 2231.]

14 Hun, 63.

Liability of owner leasing for illegal business. § 2. The owner or owners of any building or premises knowingly leasing or giving possession of the same, to be used or occupied, in whole or in part, for any illegal trade, manufacture or business, or knowingly permitting the same to be used for any illegal trade, manufacture or business, shall be jointly and severally liable with the tenant or tenants, occupant or occupants, for any damage that may result by reason of such illegal use, occupancy, trade, manufacture or business.

TITLE 5.

TITLE V.

Miscellaneous Provisions of a General Nature.

SEC. 1. Words of inheritance not necessary to convey a fee, etc.

2. Intent of parties to conveyances, to be carried into effect.

3. [Repealed.]

4. Heirs and devisees to extinguish mortgages on lands coming to them.

5-9. [Repealed.]

10. Definition of terms "real estate" and "lands.”

11. Vested rights, and construction of instruments, not to be affected.

words not

to pass a

All the es

SECTION 1. The term "heirs," or other words of inheritance, shall Certain not be requisite to create or convey an estate in fee: and every necessary grant or devise of real estate, or any interest therein, hereafter to be fee. executed, shall pass all the estate or interest of the grantor or tate of testator, unless the intent to pass a less estate or interest shall grantor to appear, by express terms, or be necessarily implied in the terms of such grant.

6 Lans., 19; 7 id., 234, 505; 4 Hun, 725; 5 Lans., 444, 465; 2 Abb., Ct. Ap. Dec., 179; 62
Barb., 590; 2 Lans., 277; 3 Abb. Pr. R., N. S., 202; 56 Barb., 608; 4 Abb. Ct. App.
Dec., 216; 2 Robt., 402; 36 N. Y., 268; 53 N. Y., 89, 233; 50 N. Y., 302; 47 N. Y., 514;
12 N. Y., 128; 7 N. Y., 163; 5 N. Y., 452; 4 N. Y., 56; 28 Barb., 364; 23 Barb., 498; 19
Barb., 494; 15 Barb., 141; 12 Barb., 460; 16 How. Pr. R., 99; 27 How. Pr. R., 279; 16
J. & S., 326; 32 Hun, 435; 36 Hun, 75; 39 Hun, 126.

pass, un

less, &c.

courts in

§ 2. In the construction of every instrument creating or conveying, Duty of or authorising the creation or conveyance of, any estate or interest construing in lands, it shall be the duty of courts of justice, to carry into effect convey. 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.

49 Barb., 134; 45 N Y., 604; 36 N. Y., 595; 8 N. Y., 539; 32 Barb., 45; 13 Barb., 127; 5
Barb., 103; 2 Barb., 368; 22 Wend., 489; 8 Bosw., 190; 6 Lans., 80; 1 Robt., 277; 4 N.
Y. S. C. R. (T. & C.), 47; 9 Paige, 116; 1 Sandf. Ch., 275; 3 Sandf. S. C., 110; 3 Duer,
554; 20 How. Pr. R., 321; 11 Abb., 37; 25 Hun, 596; 27 Hun, 447; 29 Hun, 399; 35
Hun, 469; 92 N. Y., 446, 454; 97 N. Y., 257, 554.

[Section 3 was repealed by L. 1880, ch. 245.]

ances.

[749]

on lands in

devised, by

§ 4. Whenever any real estate, subject to a mortgage executed by Mortgages any ancestor or testator, shall descend to an heir, or pass to a devisee, such heir or devisee shall satisfy and discharge 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.

R., 206; 4 Bradf., 324; 43 N. Y., 525; 47 Barb., 151; 28 Barb., 429; 27 Barb., 45, 620; 10
3 Paige, 404; 9 Paige, 454; 11 Paige, 269; 32 N. Y., 587; 18 Abb., 206; 1 Lans., 119; 1
3 Dem., 152, 370; 12 Abb. N. C., 110; 39 Hun, 112; 63 N. Y., 52; 88 N. Y., 434; 24

[Sections 5 to 9 were repealed by L. 1880, ch. 245.]

herited or whom to be Robt.,522; NYS.

paid.

C. R. (T &
C.), 6; 18
Abb. Pr.
Paige, 163;
Redf, 211;
Hun, 109.
[750]
"Real es

in this tate" and

10. The terms "real estate," and "lands," as used chapter, shall be construed as co-extensive in meaning with lands, tenements and hereditaments.

"lands" defined.

2 N. Y., 376; 39 Barb., 65; 53 N. Y., 199; 45 N. N. 674; 88 N. Y., 560.

rights, and

tion of in

§ 11. None of the provisions of this chapter, except those con- Vested verting formal trusts into legal estates, shall be construed as altering construcor impairing any vested estate, interest or right; or as altering or struments, affecting the construction of any deed, will or other instrument, affected. which shall have taken effect at any time before this chapter shall 32 Barb., be in force as a law.

not to be

429; 8 Paige, 304; 44 N. Y.,258.

L. 1840, Chap. 387-An act authorizing mortgagees to redeem real estate sold for taxes and assessments.

Lien of mortgage not destroyed by tax sale. SECTION 1. No sale of real estate hereafter made for the non-payment of any tax or assessment shall destroy or in any manner affect the lien of any mortgage thereon duly recorded or registered at the time of such sale except as hereinafter provided.

4 Hill, 613.

Purchaser to give notice to mortgagee. § 2. It shall be the duty of the purchaser at such sale to give to the mortgagee a written notice of such sale, requiring him to pay the amount of the purchase money, with the interest at the rate allowed by law thereon, within six months after the giving of such notice.

Effect of redemption by mortgagee. § 3. If such payment shall be made the sale shall be of no further effect, and the mortgagee shall have a lien on the premises, for the amount paid, with the interest which may thereafter accrue thereon, at the rate of seven per cent per annum, in like manner as if the same had been included in his mortgage.

Failure to redeem. § 4. In case the mortgagee shall fail to make such payment, within the time so limited, he shall not be entitled to the benefit of the first section of this act.

Construction of certain terms. § 5. The term "mortgagee," as used in this act, shall be construed to include assignees whose assignment shall be duly recorded, and personal representatives; and the term "purchaser" shall be construed to include assignees, and real or personal representatives, as the case may be.

Notice how given; evidence of notice. § 6. The notice required by this act may be given either personally or in the manner required by law in respect to notices of non-acceptance or non-payment of notes or bills of exchange; and a notarial certificate thereof shall be presumptive evidence of the fact of such notice; such certificates may be recorded in the county in which the mortgage was recorded, in the same manner, and with same effect, as is by law prescribed in respect to deeds or other evidences of title of real estate.

[The foregoing act, L. 1840, ch. 387, was expressly repealed by L. 1850, ch. 298, § 114, which latter act was expressly repealed by L. 1855, ch. 427, § 92, without providing against the revival of the act of 1840. The editor has therefore inserted here the act of 1840. Here it should be observed, however, that the act of 1855 contained a series of sections (76-81), which were, with a few formal variations, an exact transcript of the act of 1840; and two of which sections (77 and 81) were amended by L. 1870, ch. 280. See ante, pp. 1142, 1143.]

CHAPTER II.

OF TITLE TO REAL PROPERTY BY DESCENT.

SEC. 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 in last section to apply to all descendants of unequal degrees.

5. In what cases inheritance to go to father.

6. When inheritance to go to mother for life; when in fee.

7. When collateral relatives to inherit; rule if there are several of equal degrees.
8. Brothers and sisters and their descendants, when and in what shares, to
inherit.

9. Rule in last section to apply to all other direct lineal descendants of brothers
and sisters, of unequal degrees.

10. Brothers and sisters of father, and their descendants, when, and in what
shares, 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 preferred to those of father.

13. When brothers and sisters of both father and mother, and their descendants, to inherit equally.

14. When mother of illegitimate intestate, and her descendants, to inherit.

15. Rule as to relatives of the half blood.

13. In cases not provided for, rules of common law to prevail.

17. Rule when but one heir; when several, to hold as tenants in common.

18. Posthumous descendants and relatives, to inherit as if born in life of intestate.
19. Illegitimate children and relatives, not to inherit.

20. This chapter not to affect estates by the curtesy, or in dower, or limitations
by deed or will.

21. Descent of estates in trust.

22. Alienism of ancestor not to preclude inheritance.

23. Advancement of real and personal estate, if equal to share of an heir, to be
set off against it.

24. If not equal, to be deducted, so that all the shares may be equal

25. Value of advancement, how ascertained.

26. Certain expenses and gifts, not to be deemed advancements.

27. Definition of terms "real estate" and "inheritance."

28 & 29. Construction of certain expressions used in this chapter.

[7511

rule as to

SECTION 1. After this chapter shall take effect, the real estate of General every person, who shall die without devising the same, shall descend the order in manner following.

I. To his lineal descendants:

2. To his father:

3. To his mother; and

in which real estate shall descend.

2 Denio, 9; 57 How.

Pr., 229; 67

N. Y., 556;

4. To his collateral relatives:

68 N. Y., 227; 71 N.

Subject in all cases to the rules and regulations hereinafter, 174; 15 prescribed.

Hun, 399; 18 Hun, 73; id., 507; 19 Hun, 313; 79 N. Y., 325; 37 Hun, 254; 91 N. Y., 315.

scendants

equal de

§ 2. If the intestate shall leave several descendants in the direct Lineal deline of lineal descent, and all of equal degree of consanguinity to being in such intestate, the inheritance shall descend to such persons in equal grees. parts, however remote from the intestate, the common degree of consanguinity may be.

[1 R. L., 52, § 3, first rule.]

§ 3. If any of the children of such intestate be living, and any be Children dead, the inheritance shall descend to the children who are living, descend

liying, and

ants of

dead chil.

dren. 3 Edw. Ch., 361; 79 N. Y., 527.

Rule in last section to

descend

equal degrees.

and to the descendants of such children as shall have died; so that each child who shall be living, shall inherit such share as would have descended to him, if all the children of the intestate who shall have died leaving issue, had been living; and so that the descendants of each child who shall be dead, shall inherit the share, which their parent would have received if living.

[1 R. L., 52, § 3, second rule.]

§ 4. The rule of descent prescribed in the last section, shall apply apply to all in every case where the descendants of the intestate, entitled to share ants of un- in the inheritance, shall be of unequal degrees of consanguinity to the intestate; so that those who are in the nearest degree of consanguinity, shall take the shares which would have descended to them, had all the descendants in the same degree of consanguinity, who shall have died, leaving issue, been living; and so that the issue of the descendants who shall have died, shall respectively take the shares, which their parents, if living, would have received.

When father to inherit.

87 Hun, 254.

[752] When mother to

her life.

When to inherit in fee.

[The same.]

§ 5. In case the intestate shall die without lawful descendants, and leaving a father, then the inheritance shall go to such father, unless the inheritance came to the intestate on the part of his mother, and such mother be living; but if such mother be dead, the inheritance descending on her part shall go to the father for life, and the reversion to the brothers and sisters of the intestate, and their descendants, according to the law of inheritance by collateral relatives hereinafter provided; if there be no such brothers or sisters, or their descendants living, such inheritance shall descend to the father in fee. [Thus amended by L. 1830, ch. 320, § 13.]

[Id., 3d rule.]

§ 6. If the intestate shall die without descendants and leaving no father, or leaving a father not entitled to take the inheritance under inherit for the last preceding section, and leaving a mother, and a brother or sister, or the descendant of a brother or sister, then the inheritance shall descend to the mother during her life, and the reversion to 70; 57 N.Y., such brothers and sisters of the intestate as may be living, and the descendants of such as may be dead, according to the same law of inheritance herein after, provided. If the intestate in such case, shall leave no brother or sister, nor any descendants of any brother or sister, the inheritance shall descend to the mother in fee.

52 N. Y., 67,

276.

Collateral relatives.

Rule when

all of dife
ferent de
grees.
31 Barb.,
658; 23

§ 7. If there be no father or mother, capable of inheriting the estate, it shall descend, in the cases herein after specified, to the collateral relatives of the intestate; and if there be several such relatives, all of equal degree of consanguinity to the intestate, the inherBarb., 301. itance shall descend to them in equal parts, however remote from the intestate, the common degree of consanguinity may be.

Brothers and sisters. Their descendants. 31 Barb., 658; 21

[1 R. L., 52, § 3, 4th and 5th rules.]

§ 8. If all the brothers and sisters of the intestate be living, the inheritance shall descend to such brothers and sisters; if any of them be living, and any be dead, then to the brothers and sisters, and Wend., 1830; every of them who are living, and to the descendants of such brothers and sisters as shall have died; so that each brother or sister who shall be living, shall inherit such share as would have descended to

10 Paige, 148; 5

Sandf., 418.

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