the sale thereof may be made in either of the counties within which such lands are situated.

Law of Descents.

An act to abolish entails, to confirm conveyances by tenants in tail, to distribute estates real of intestates, to remedy defective conveyances to joint tenants, and directing the mode of such conveyances in future. Passed 12th July, 1782.1

deemed seis

tail, in cer.

fectual.

1. Be it enacted by the People of the State of New-York, represented in Persons seisSenate and Assembly, and it is hereby enacted by the authority of the same, ed in fee tail, That in all cases wherein any person or persons would if this law had not ed in fee simbeen made, have been seised in fee tail of any lands, tenements or heredi- ple. taments, such person or persons shall, in future, be deemed to be seised of the same, in fee simple: And further, That where any lands, tenements Conveyances or hereditaments, shall heretofore have been devised, granted or other- by tenants in wise conveyed by a tenant in tail, and the person to whom such devise, tain cases efgrant or other conveyance shall have been made, his or her heirs or assigns, shall from the time such devise took effect or from the time such grant or other conveyance was made, to the day of the passing of this act, have been in the uninterrupted possession of such lands, tenements or hereditaments, and claiming and holding the same under devise, grant or other conveyance, then such grant, devise or other conveyance shall be deemed as good, legal and effectual to all intents, as if such tenant in tail, had, at the time of the making of such devise, grant or other conveyance, been seised of such lands, tenements or hereditaments in fee simple; any law to the contrary hereof notwithstanding.

scend.

§ 2. Be it enacted by the authority aforesaid, That where any person Inheritances shall die seised of any lands, tenements or hereditaments, without having how to dedevised the same, in due form of law, and leaving more than one person lawful issue, or without lawful issue, the inheritance, instead of descending to the heir at law, shall hereafter, in the four several following cases, descend as in each case is particularly specified, that is to say:

degree.

First. In case the person so seised, shall leave several persons lawful To lawful isissue, in the direct line of lineal descent and all of equal degree of con- sue of equal sanguinity to the person so seised, the inheritance shall then descend to the said several persons, as tenants in common, in equal parts however remote from the person so seised, the common degree of consanguinity may be.

sue of dif

Secondly. In case the said person so seised, shall die, leaving lawful is- To lawful issue of different degrees of consanguinity to him, or her the said person so ferent deseised, the inheritance shall descend to the lawful immediate children of grees. the said person so seised, as tenants in common in equal parts; and in case any of the said immediate children shall die, in the lifetime of the person so seised, and leave lawful issue, such issue shall inherit; if one person, solely; and if several persons, as tenants in common in equal parts, the same estate which would have descended to his, her or their parent, if such parent had survived, so that the estate could, agreeable to the rules of descent hereby established, have descended to him or her; and the same law of inheritance and descent shall be observed in case of the death of the grand children, and other descendants in the remotest degree.

(1) Holt & Loudon, p. 258.

Brothers and

sisters.

Children of

sisters.

Thirdly. In case the said person so seised shall die without lawful issue leaving brothers or leaving a brother or brothers, and a sister or sisters of the whole blood, the inheritance shall descend to such brothers, or to such brother or brothers, and sister or sisters, as the case may be, as tenants in common in equal parts.

And fourthly. In case any such brother or sister shall die leaving a brothers and lawful child or children, and in the lifetime of the person so seised, such child or children shall inherit, if a child, solely, and if children, as tenants in common, in equal parts, the same estate which would have descended to his, her or their father or mother, if such father or mother had survived the said person so seised; and in all cases of descent, not particularly provided for by this act, the common law shall govern: Provided, That nothing herein contained, shall be construed to bar or injure the right or estate of a husband, as tenant by the courtesy of England, or the right of dower which a widow is entitled to.

Posthumous children.

Estates for years, for more than

years.

§ 3. And be it further enacted by the authority aforesaid, That all posthumous children shall, in all cases whatsoever, inherit in like manner as if they had been born in the lifetime of their respective fathers.

4. And be it further enacted by the authority aforesaid, That all estates for years, for more than twenty-one years, of or in lands, tenements or hetwenty-one reditaments, or real estate whatsoever, whether in possession, reversion or remainder, by direct and immediate devise or conveyance, or by settlement to use or uses, made after the first day of the present meeting of the legislature, shall be, and hereby are declared to be ipso facto, null and void from the beginning; and the estates and interests so severally and respectively attempted to be disposed of, and transferred, shall descend according to this law, and the common law aforesaid; any law, usage or custom, to the contrary notwithstanding.

No estate in

except in certain cases.

§ 5. And be it further enacted by the authority aforesaid, That no estate joint tenancy in joint tenancy, in lands, messuages, tenements or hereditaments, shall be held or claimed, by or under any grant, devise or conveyance whatsoever, hereafter to be made, unless the premises therein mentioned shall expressly be thereby declared to pass, not in tenancy in common, but in joint tenancy; and every such estate, unless otherwise expressly declared as aforesaid, shall be deemed to be in tenancy in common, any law, usage or custom to the contrary notwithstanding.

Estates tail

and persons

tail, deemed

simple.

An act to abolish entails, to confirm conveyances by tenants in tail, to regulate descents, and to direct the mode of conveyances to joint tenants. Passed 23d February, 1786.1

§ 1. Be it enacted by the People of the State of New-York, represented in abolished, Senate and Assembly, and it is hereby enacted by the authority of the same, seised in fee That all estates tail shall be, and are hereby abolished; and that in all caBeised in fee ses where any person or persons now is, or are, or if the act herein after mentioned and repealed had not been passed, would now be seised in fee tail of any lands, tenements or hereditaments, such person and persons shall be deemed to be seised of the same in fee simple absolute: And further, That in all cases where any person or persons would, if the said act and this present act had not been passed, at any time hereafter become seised in fee tail of any lands, tenements or hereditaments, by virtue of any devise, gift, grant or other conveyance heretofore made, or hereafter to be made, or by any other means whatsoever, such person and persons, instead of becoming seised thereof in fee tail, shall be deemed and adjudged to become seised thereof in fee simple absolute.

(1) 1 R. L. p. 52. J. & V. v. 1, p. 245; Gr. v. 1, p. 205; K. & R. v. 1, p. 44.

by tenants in

fectual.

§ 2. And be it further enacted by the authority aforesaid, That where Conveyances any lands, tenements or hereditaments heretofore have been devised, tail, in cergranted or otherwise conveyed by a tenant in tail, and the person or per- tain cases efsons to whom such devise, grant or other conveyance hath been made, his, her or their heirs or assigns, have or hath, from the time such devise took effect, or from the time such grant or other conveyance was made, to the day of the passing of this act, been in the uninterrupted possession of such lands, tenements or hereditaments, and claiming and holding the same under or by virtue of such devise, grant or other conveyance, then such devise, grant or other conveyance shall be deemed as good, legal and effectual, to all intents and purposes, as if such tenant in tail, had, at the time of the making of such devise, grant or other conveyance, been seised of such lands, tenements or hereditaments in fee simple; any law to the contrary hereof notwithstanding.

scend.

§ 3. And be it further exacted by the authority aforesaid, That where any Inheritances person shall die seised of any lands, tenements or hereditaments, without how to dedevising the same in due form of law, and leaving more than one person lawful issue, or without lawful issue, the inheritance shall hereafter, in the five several following cases, descend and go as in each case is particularly specified: That is to say,

First, In case the person so seised shall leave several persons law-To lawful isful issue, in the direct line of lineal descent, and all of equal degree of sue of equal degree. consanguinity to the person so seised, the inheritance shall then descend to the said several persons as tenants in common, in equal parts, however remote from the person so seised the common degree of consanguinity may be, in the same manner as if they were all daughters of the person so seised.

ferent de

grees

Secondly, In case the said person so seised shall die, leaving lawful issue To lawful la of different degrees of consanguinity to him or her the said person so seis-sue of difed, the inheritance shall descend to the lawful child or children of the said person so seised, if any or either of them be then living, and to the lawful issue of such of the children of the said person so seised, as shall be then dead, leaving lawful issue, as tenants in common; such issue always to inherit, if one person solely, and if several persons as tenants in common, in equal parts, such share only as would have descended to his, her or their parent, if such parent had been then living; and each of the lawful children of the said person so seised, always to inherit such share as would have descended to him or her, if all the children of the said person so seised, who shall be then dead, leaving lawful issue, had been living at the time of the death of the said person so seised; and if there be no child of the said person so seised living, at the time of the death of the said person so seised, and only a grand child or grand children, and the lawful issue of a grand child or grand children, who shall be then dead, leaving lawful issue, then the inheritance shall descend to such grand child or grand children of the person so seised, and to the lawful issue of such of the grand children of the said person so seised, as shall be then dead, leaving lawful issue, as tenants in common; such issue always to inherit, if one person solely, and if several persons as tenants in common, in equal parts, such share only as would have descended to his, her or their parent, if such parent had been then living; and each of the grand children of the said person so seised, who shall be living at the time of the death of the person so seised, always to inherit such share as would have descended to him or her, if all the grand children of the said person so seised, who shall be then dead, leaving lawful issue, had been living at the time of the death of the said person so seised. And the same law of inheritance and descent, shall be observed in case of the death of the grand children, and other descendants to the remotest degree.

When the

father to in

herit.

Brothers and

sisters.

Children of

sisters.

Thirdly, In case the said person so seised shall die without lawful issue, leaving a father, then the inheritance shall go to the father of the said person so seised, in fee simple; unless the said inheritance came to the person so seised, from the part of his or her mother, in which case it shall descend, as if such person so seised had survived his or her father.

Fourthly, In case the said person so seised shall, after the death of his or her father, die without lawful issue, leaving a brother or sister, or leaving a brother or brothers, and a sister or sisters, the inheritance shall descend to such brothers or sisters, or to such brother or brothers, and sister or sisters, as the case may be, as tenants in common in equal parts; and in such case, every brother and sister of the half blood of the said person so seised, shall inherit equally with those of the whole blood; unless where such inheritance came to the said person so seised by descent, devise or gift, of some one of his or her ancestors, in which case all those who are not of the blood of such ancestors, shall be excluded from such inheritance. And,

Fifthly, In case any such brother or sister who would have inherited brothers and by this law, if living, shall die before the said person so seised, and leave a lawful child or children, such child or children surviving the said person so seised, shall inherit, if a child solely, and if children, as tenants in common in equal parts, such share as would have descended to his, her or their father or mother, if such father or mother had survived the said person so seised. And in all cases of descent, not particularly provided for by this act, the common law shall govern.

Estates in dower not effected.

Posthumous children..

No estates in joint tenancy

tain cases.

§ 4. Provided always, and be it further enacted by the authority aforesaid, That nothing herein contained shall be construed to bar or injure the right or estate of a husband, as tenant by the courtesy, or a widow's right of dower.

5. And be it further enacted by the authority aforesaid, That all posthumous children shall, in all cases whatsoever, inherit in like manner as if they were born in the lifetime of their respective fathers.

6. And be it further enacted by the authority aforesaid, That no except in cer- estate in joint tenancy in lands, tenements or hereditaments, shall be held or claimed by or under any grant, devise or conveyance whatsoever, hereafter to be made, other than to executors or trustees, unless the premises therein mentioned shall expressly be thereby declared to pass, not in tenancy in common, but in joint tenancy, and every such estate, other than to executors or trustees, unless otherwise expressly declared as aforesaid, shall be deemed to be in tenancy in common; any law, custom or usage to the contrary notwithstanding.

Former act repealed.

§7. And be it further enacted by the authority aforesaid, That the act, entitled "An act to abolish entails, to confirm conveyances by tenants in tail, to distribute estates real of intestates, to remedy defective conveyances to joint tenants, and directing the mode of such conveyances in future," passed the twelfth day of July, in the year of our Lord one thousand seven hundred and eighty-two, shall be, and hereby is repealed; but all descents and conveyances which have happened or been made since the passing of the said act hereby repealed, shall take effect according to the said act: Provided always, That notwithstanding any thing in the said act contained, every grant, conveyance or devise heretofore made, or hereafter to be made, to executors or trustees, shall be deemed to be in joint tenancy, and not in tenancy in common.

Laws relating to Wills.

An act to reduce the laws concerning wills into one statute. Pass

3d March, 1787.1

may devise

1. Be it enacted by the People of the State of New-York, represented in persons hav Senate and Assembly, and it is hereby enacted by the authority of the same, ing estates That all and every person and persons having a sole estate or interest in the same. fee simple, or of any estate of inheritance, or seised in fee simple in coparcenary, or in common, in fee simple, or of any estate of inheritance, of and in any manors, lands, tenements, rents or other hereditaments, in possession, reversion or remainder, or of rents or services incident to any reversion or remainder, shall have full and free liberty, power and authority to give, dispose, will or devise, to any person or persons, (except bodies politic and corporate,) by his last will and testament in writing, or otherwise by any act or acts lawfully executed in his life time, by himself solely, or by himself and others jointly, severally or particularly, or by all those ways, or any of them, as much as in him of right is or shall be, all his said manors, lands, tenements, rents and hereditaments, or any of them, or any rents, commons or other profits or commodities, out of, or to be perceived of the same, or out of any part thereof, at his own free will and pleasure.

§ 2. Provided always, and be it further enacted by the authority afore- Wills to be said, That all devises and bequests of any manors, lands, tenements, rents in writing, signed by the or hereditaments, or of any rents, commons or other profits or commodities, party. out of, or to be perceived of the same, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express directions; and shall be attested and subscribed in the presence of the said devisor, by three or more credible witnesses, or else they shall be utterly void and of none effect.

voked.

§ 3. And be it further enacted by the authority aforesaid, That no devise How wills or bequest in writing, of any manors, lands, tenements, rents or heredi- may be retaments, or of any rents, commons or other profits or commodities, out of, or to be perceived of the same, or out of any parcel thereof, or any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same, by the testator himself, or in his presence, and by his direction and consent; but all devises and bequests of any manors, lands, tenements, rents or hereditaments, or of any rents, commons or other profits or commodities, out of, or to be perceived of the same, or out of any parcel thereof, shall remain and continue in force until the same be burnt, cancelled, torn or obliterated by the testator, or by his directions, in manner aforesaid, or unless the same be revoked or altered by some other will or codicil in writing, or other writing, of the devisor, signed in the presence of three or more witnesses, declaring the

same.

visible.

§ 4. And be it further enacted by the authority aforesaid, That all estates Estates, pur pur auter vie, shall be devisable by will in writing, signed by the party so auter vie, dedevising the same, or by some other person in his presence, and by his express directions, and attested and subscribed in the presence of the devisor, by three or more witnesses. And if no such devise thereof be made, the same, or so much thereof as shall not be so devised, shall go to the executors or administrators of the party who had the estate thereof by virtue of the grant, and shall be assets in their hands, and be applied

(1) 2 Jones & Varick, p. 93.