land or lands within this state, which may have heretofore been purchased by any such citizen or citizens from any alien or aliens, and for which a conveyance has been heretofore taken by any such citizen or citizens from any alien or aliens,. shall not in any manner be questioned or impeached by reason or on account of the alienage of the person or persons from whom such conveyance shall have been taken, or by reason of any devise of any such land or lands to any such person or persons, in any last will and testament being inoperative or void on account of the alienage of such person or persons; but all devises of land or lands heretofore made by any last will and testament to any alien or aliens from whom a conveyance of such land or lands so devised shall heretofore have been taken by any citizen or citizens of this state, are hereby declared to be valid and effectual, so far that the title of such citizen or citizens to such land or lands shall not be affected by any invalidity of any such devise; provided, however, that nothing in this act contained shall affect the rights of this state in any case in which proceedings for escheat have been already instituted prior to the first day of January, one thousand eighteen hundred and seventy-two. L. 1874, Chap. 261 – An act to amend an act entitled "An act to enable resident aliens to hold and convey real estate, and for other purposes," passed April thirty, eighteen hundred and forty-five. [Section 1 amends L. 1845, ch. 115, § 4, and was amended by L. 1875, ch. 38.] Repeal; proviso; record of will, its effect. § 2. All acts or parts of acts inconsistent with or repugnant to the provisions of this act are hereby repealed, provided, however, that nothing herein contained shall be taken or construed to affect any grant of land heretofore made by this state; and provided further that nothing in this act contained shall be taken or construed to affect the title to any land or lands which may have been heretofore derived through any devise, grant, gift or purchase prior to the passage of this act, or to give any person not heretofore entitled thereto under the laws of this state any right, title or interest as against any such devisee, grantee or purchaser, or any right to impeach or in any manner call in question the validity of any will of the person so dying seized as aforesaid, and it is hereby declared that the record of any such will in the office of the surrogate of any county in this state shall be conclusive evidence of its validity against any and all persons claiming or to claim under this act. L. 1875, Chap. 336-An act to confirm the title of certain persons to real estate, questioned by reason of alienage of former owners. Title of citizen not impeached for alienage; proviso. SECTION 1. The title of any citizen or citizens of this state to any lands within this state, shall not be questioned or impeached by reason of the alienage of any person or persons, from or through whom such title may have been derived. Provided, however, that nothing in this act shall affect the rights of the state, in any case in which proceedings for escheat have been instituted. Rights of heir, etc., not affected. § 2. Nothing in this act shall affect or impair the right of any heir, devisee, mortgagee, or creditor, by judgment or otherwise. L. 1877, Chap. 111-An act to confirm the title of certain persons to real estate questioned by reason of alienage of former owners. Confirmation of rights, etc.; proceedings for escheats not affected. SECTION 1. The right, title or interest of any citizen or citizens of this state in or to any lands within this state now held or hereafter acquired shall not be questioned or impeached by the reason of the alienage of any person or persons from or through whom such title may have been derived; provided, however, that nothing in this act shall affect the rights of the state in any case in which proceedings for escheat have been instituted. Rights of certain persons not affected. § 2. Nothing in this act shall affect or impair the right of any heir, devisee, mortgagee or creditor by judgment or otherwise. TITLE 2. (722] Enumera tion of es tates in land. TITLE II. Of the Nature and Qualities of Estates in Real Property, and the Alienation thereof. ART. 1.-Of the creation and division of estates. ART. 2.-Of uses and trusts. [Supplementary Article. ART. 24.-Acts relating to trusts of real and personal property.] ART. 3.-Of powers. ART. 4. Of alienation by deed. ARTICLE FIRST. OF THE CREATION AND DIVISION OF ESTATES. SEC. 1. Enumeration of estates in land. 2. Estates of inheritance, a fee simple, when a fee simple absolute. 3 & 4. Estates tail abolished and to be fees simple; remainders thereon, when valid. 5. What to be estates of freehold, chattels real and chattel interests. 6. Estates for life of third person, when freehold, when chattels real. 7. Division of estates into those in possession and those 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. In certain case 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, if estate be for life of more than two persons. 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 herein prescribed, to apply to chattel interests in lands. 24. Remainders, future and contingent estates, how created. 25. Two or more future estates, in the alternative, may be created. 26. Future estates not to be void on ground of improbability, etc. 27: Remainder upon a contingency; its effect. 28. Heirs of a tenant for life, when to take as purchasers. 29. Construction of certain remainders. 30 & 31. In what cases posthumous children to take, or defeat, future estates. 132. Expectant estates not to be defeated by owners of precedent estate, etc. 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 of lands. 37. Accumulations of profits of land, how and for whom may be directed. 38. Other directions for accumulation, when void in part, when wholly void. 39. When profits, etc., may be applied to education, etc., 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, etc., of estates in severalty, joint tenancy and in common. 44. What to be deemed estates in common, what in joint tenancy. SECTION 1. Estates in lands are divided into estates of inheritance, estates for life, estates for years, and estates at will and by sufferance. 53 N. Y., 199; 43 N. Y., 465; 41 N. Y., 66; 11 N. Y., 494; 8 N. Y., 52; 26 Barb., 210; 22 Barb., 402; 31 N. Y., 9; 21 Hun, 251; 11 Daly, 94; 37 Hun, 14; 41 Hun, 186. § 2. Every estate of inheritance, notwithstanding the abolition 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. Barb., 576; 49 Barb., 56; 6 T. & C., 556. Estates tail abolished. ture de clared. § 3. All estates tail are abolished; and every estate which would be adjudged a fee tail, according to the law of this state, as it existed Their naprevious to the twelfth day of July, one thousand seven hundred and eighty-two, shall hereafter be adjudged a fee simple; and if no valid '; remainder be limited thereon, shall be a fee simple absolute. nio, 46; 12 Johns. R., 176; 3 Barb., 247; 1 Barb., 565; 66 Barb., 452; 22 Hun, 428; 31 [1 R. L., 52, §1.] 32 Hun, 434; 99 § 4. Where a remainder in fee shall be limited upon any estate, which would be adjudged a fee tail, according to the 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. 410, 421; 2 N. Y., 357, 387; 5 DeHun, 475; N. Y., 511. Certain revalid. Denio, 35; 336; 92 mainders 2 Denio, 9, N. Y., 446, 456; 99 N. Y., 511. chattels § 5. Estates of inheritance and for life, shall continue to be de- Freeholds; nominated estates of freehold; estates for years, shall be chattels real; chatreal; and estates at will or by sufferance shall be chattel interests, tet but shall not be liable as such to sale on executions. 35 Hun, 180; 228; 11 N. Y., 498; 8 N. Y., 52; 25 Barb., 108; 17 Barb, 396; 12 Barb., 481; 11 Barb., 499; 207, 613; 1 E. D. Smith, 333; 14 Barb., 223; 53 N. Y., 199; 43 N.Y., 465; 6 T. & C., 551; 70 § 6. An estate during the life of a third person, whether limited to heirs or otherwise, shall be deemed a freehold only during the life of the grantee or devisee, but after his death it shall be deemed a chattel real. tel inter 52 Barb., Estate for person hold, &c. life of third when free 3 Hill, 442; 5 Denio; 514; 37 Hun, 13. §7. Estates, as respects the time of their enjoyment, are divided In possesinto estates in possession, and estates in expectancy. sion or expectancy. 1 Sandf. Ch., 342; 40 Barb., 495; 49 id., 56; 4 Lans., 505; 40 Hun, 451. [723] Definition § 8. An estate in possession, is where the owner has an immediate right to the possession of the land. An estate in expectancy, is of those where the right to the possession is postponed to a future period. § 9. Estates in expectancy are divided into, 1. Estates commencing at a future day, denominated future es- estates in tates: and 2. Reversions. 495; 49 Barb., 56; estates. expectancy. 6 N.Y., 360; 45 Barb., 4 Lans.,505; N. Y., 257. Future estates. 469; 2 Abb. Ct. App. Dec., 178; 6 T. & C., 556; 4 Hun, 291; 11 N. Y., 121; 49 Barb., 56; 68 N. Y., 227; 12 Hun, 604; 15 W. D., 148; 97 N. Y., 449, 471; 84 § 10. A future estate, is an estate limited to commence in possession at a future day, either without the intervention of a precedent 8 Bosw., estate, or on the determination, by lapse of time or otherwise, of a precedent estate, created at the same time. Y, 360; 31 480; 6 N. Barb., 562; 40 Barb., 495; 11 N.Y., 121; 2 Abb. Ct. App. Dec., 178; 4 Lans., 505; 28 Hun, 603; 40 Hun, 357, 449; 97 N.Y.,449. 11. Where a future estate is dependent on a precedent estate, it may be termed a remainder, and may be created and transferred by that name. 31 Barb., 562; 5 Paige, 466; 40 Barb., 495; 4 Lans., 505; 68 N. Y., 227; 12 § 12. A reversion is the residue of an estate left in the grantor or his heirs, or in the heirs of a testator, commencing in possession on 13 N. Y., the determination of a particular estate granted or devised. 121; 4 2 Abb. Ct. App. Dec., 178. TITLE 2. contingent future estates. § 13. Future estates are either vested or contingent. They are Vested and 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 4 N. Y. SC. person to whom, or the event upon which they are limited to take R.(T&C.), effect, remains uncertain. 1 Lans.,366; 8Bosw.,480; 82; 18 N. Y., 418; 6 N. Y., 360; 31 Barb., 562; 28 Barb., 367; 5 Barb., 101; 2 Barb., 248; 40 Barb., 496; 47 Void future estates. § 14. Every future estate shall be void in its creation, which shall suspend the absolute power of alienation for a longer period than is prescribed in this article. Such power of alienation is suspended, of alien when there are no persons in being, by whom an absolute fee in possession can be conveyed. Suspend ing power tion. How long it may be 4 N. Y. S. C. R. (T. & C.), 82; 1 Lans., 364; 47 Barb., 307; 47 How. Pr. R., 328; 9 N. Y., 403; 6 N. Y., 467; 5 N. Y., 413; 31 Barb.. 336; 30 Barb., 321; 10 Barb., 388; 9 Barb. 344; 8 Barb., 28; 7 Barb., 592; 5 Barb., 101; 4 Barb., 89; 3 Barb., 244; 1 Denio, 57; 26 Wend., 21, 236; 24 Wend., 661; 20 Wend., 564; 18 Wend., 257; 16 Wend., 61, 324; 14 Wend., 265; 9 Paige, 110, 521; 8 Paige, 106, 303, 485; 7 Paige, 230, 534; 5 Paige, 172, 318, 602; 4 Paige, 342; 4 Sandf. S. C., 539; 33 N. Y., 599; 47 Barb., 307; 4 Hun, 291; 31 N. Y., 574; 15 Abb. N. C., 299; 4 Redf., 278; 28 Hun, 573; 32 Hun, 189; 89 N. Y., 225; 92 N. Y, 539; 96 N. Y., 201; 98 N. Y., 330. § 15. The absolute power of alienation, shall not be suspended suspended. 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 fee. 3 N. Y. S. 4 N. Y. S. C. R. (T. & C.), 82; 3 id.. 197; 43 N. Y., 374, 382; 41 N. Y., 334; 29 N. Y., 39, 71; 24 N. Y., 9, 12; 59 Barb., 78; 52 Barb., 611; 47 Barb., 260, 307; 1 Lans, 364; 9 N. Y., 403; 6 N. Y., 467, 510; 7 N. Y., 548; 5 N. Y, 413; 31 Barb., 336; 17 Barb., 25, 10 Barb., 388; 9 Barb., 344; 8 Barb., 20; 7 Barb., 592; 5 Barb., 438; 16 Wend., 61; 14 Wend., 265; 13 Wend., 441; 5 Denio, 646; 1 Denio, 449; 5 Paige, 220; 4 Sandf. Ch., 414, 525, 528; 2 Sandr. Ch., 56; 2 Duer, 57; 5 Sandf. S. C., 174, 363; 4 Sandf. S. C., 539; 34 N. Y., 609; 31 N. Y., 19; 47 Barb., 307; 42 Barb., 166; 1 Hun, 71; 1 Tuck., 79; 53 N. Y., 192, 198; 1 T. & C., 388; 56 N, Y., 220; 53 N. Y., 192; 6 Hun, 49; 49 How. Pr., 229; 45 How. Pr., 160; 59 N. Y., 426; 64 N. Y., 651; 4 Abb. N. C., 268; 67 N. Y., 348; 52 How. Pr., 1; 53 id., 486; 11 Hun, 245; 70 N Y., 615; 51 How. Pr., 276; 14 Hun, 520; 70 N. Y., 512; 11 Hun, 147; 3 Redf., 235; 8 Abb. Ñ. C., 102; 8 Daly, 454; 64 N Y., 566; 16 Hun, 268; 64 N. Y., 566; 72 N. Ý., 376; 22 W. D., 305; 23 W. D., 466, 563; 2 Dem., 446; 25 Hun, 6; 28 Hun, 603; 29 Hun, 20; 32 Hun, 184; 37 Hun, 19; 41 Hun, 345; 80 Ń. Y., 320; 95 N. Y., 588; 96 N. Y., 20; 97 N. Y., 26, 421, 460; 98 N. Y., 311, 460, 568; 99 N. Y., 505; 102 N. Y., 161; 104 N. Y., 45; 105 N. Y., 68; 43 Hun, 501; 45 Hun, 590; 24 W. D., 35; 4 N. Y. St. Rep., 670; 18 Ább. N. C., 282. § 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 C. R. (T. & the first remainder is limited, shall die under the age of twenty-one Barb., 233; years, or upon any other contingency, by which the estate of such Ch., 178; 42 persons may be determined before they attain their full age. C.), 197; 26 1 Sandf. Barb., 166; 43 N. Y., 374; 1 Hun, 71; 29 Hun, 20, 28; 96 N. Y., 216; 97 N. Y., 35. of succes for life. 36 N. Y., 543; 47 Limitation § 17. Successive estates for life shall not be limited, unless to persive estates sons 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 347; 9 N. Y., been created. Barb., 307; [724] 41 N. Y., 403; 8 Barb., 538; 7 Barb., 241; 6 Barb., 502; 16 Wend., 324; 42 Barb., 166; 92 N. Y., 446. Remainder upon cer for life. § 18. No remainder shall be created upon an estate for the life of tain estates 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. 47 Barb., 307; 24 N. ART. 1. mainder to § 19. When a remainder shall be created upon any such life estate, and more than two persons shall be named, as the persons during When rewhose lives the life estate shall continue, the remainder shall take take effect effect upon the death of the two persons first named, in the same manner as if no other lives had been introduced. in certain 47 Barb., remainder Barb., 307; 1 Bradf., 137; 15 Abb. N. C., 299; 28 Hun, 603; 98 § 20. A contingent remainder shall not be created on a term of Contingent years, unless the nature of the contingency on which it is limited, be on a term such that the remainder must vest in interest, during the continuance of not more than two lives in being at the creation of such remainder, or upon the termination thereof. for years. of estates 24 N. Y., 9, § 21. No estate for life, shall be limited as a remainder on a term Remainder of years, except to a person in being, at the creation of such estate, for life. § 22. Where a remainder shall be limited to take effect on the 15 death of any person without heirs, or heirs of his body, or without Meaning of issue, the words "heirs" or "issue," shall be construed to mean heirs and or issue, living at the death of the person named as ancestor. 2 Robt., 401; 13 N. Y., 273; 3 Barb., 387; 3 Wend., 521; 3 Paige, 30; 27 How. Pr. R., 279; "heirs "issue" in certain remainders. 16 Hun, 71; 17 Hun,215. Limita chattels 3 Barb.Ch., 305; B 5 Denio, 652; 3 Paige, 30. Remaind. ers future tingent how created. § 23. All the provisions contained in this article, relative to future estates, shall be construed to apply to limitations of chattels real, as tions on well as of freehold estates, so that the absolute ownership of a term real. of years, shall not be suspended for a longer period than the absolute power of alienation can be suspended, in respect to a fee. § 24. Subject to the rules established in the preceding sections of this article, a freehold estate as well as a chattel real, may be cre- and conated, to commence at a future day; an estate for life may be created, estates, in a term of years, and a remainder limited thereon; a remainder of a freehold or chattel real, either contingent or vested, may be cre- 3Barb., ated expectant on the determination of a term of years; and a fee Paige, 534; may be limited on a fee, upon a contingency, which, if it should occur, must happen within the period prescribed in this article. § 25. Two or more future estates, may also be created, to effect in the alternative, so that if the first in order shall fail to the next in succession shall be substituted for it, and take effect estates. 40 Barb., accordingly. 495; 43 N. Y., 378; 2 Abb. Ct. App. Dec, 178; 2 Dem., 488. take 387; 7 40 Hun, 449, 452'; 92 N. Y., 539, 549; 97 N. Y., 449. Two or vest, more future future § 26. No future estate, otherwise valid, shall be void on the ground Certain of the probability or improbability of the contingency on which it is limited to take effect. estates not to be void. 5 Paige, [725] upon a con § 27. A remainder may be limited on a contingency, which, in case 463. it should happen, will operate to abridge or determine the precedent Remainder estate; and every such remainder shall be construed a conditional tingency. limitation, and shall have the same effect as such limitation would 6 N. Y. 227; 70 N. have by law. Y., 581; 16 Hun, 71; 17 Hun, 215; 40 Hun, 449. § 28. Where a remainder shall be limited to the heirs, or heirs of Heirs of a. the body of a person to whom a life estate, in the same premises, life, when shall be given, the persons who, on the termination of the life estate, shall be the heirs, or heirs of the body of such tenant for life, shall be entitled to take as purchasers, by virtue of the remainder so limited to them. § 29. When a remainder on an estate for life, or for years, shall Construcnot be limited on a contingency defeating or avoiding such prece- tion of |