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Other directions, when

out of which the income is to arise, it must commence within the time in this title permitted for the vesting of future interests, and during the minority of the beneficiaries, and terminate at the expiration of such minority.3

1 R. S., 726, § 37.

1 Boynton v. Hoyt, 1 Den., 53, 58; Hawley v. James, 16 Wend., 117.

'Gilman v. Reddington, 24 N. Y., 19; Kilpatrick v. John

son, 15 N. Y., 322.

'Mason v. Jones, 2 Barb., 250, 253.

$207. If, in either of the cases mentioned in the void in part. last section, the direction for an accumulation is for a longer term than during the minority of the beneficiaries, the direction only, whether separable or not from other provisions of the instrument, is void as respects the time beyond such minority.

Application of income to support,

&c., of minor.

1.R. S., 726, § 38. The clause from "only" to "instrument" is new, but sustained by Williams v. Williams, 8 N. Y., 425; Kilpatrick v. Johnson, 15 N. Y., 322; See, however, King v. Rundle, 15 Barb., 139, 145.

S208. When a minor, for whose benefit an accu mulation has been directed, is destitute of other sufficient means of support and education, the supreme court, upon application, may direct a suitable sum to be applied thereto, out of the fund.

1 R. S., 726, § 39; 773, § 5.

Increase of property.

In certain

cases who

entitled to income of property.

CHAPTER III.

RIGHTS OF OWNERS.

SECTION 209. Increase of property.

210. In certain cases who entitled to income of property.

$209. The owner of a thing owns also all its products and accessions.

S210. When, in consequence of a valid limitation of a future interest, there is a suspension of the power of alienation or of the ownership, during

the continuation of which the income is undisposed
of, and no valid direction for its accumulation is
given, such income belongs to the persons presump-
tively entitled to the next eventual interest.

1 R. S., 726, § 40. Held to apply to personal property
(Gilman v. Reddington, 24 N. Y., 19; Kilpatrick v.
Johnson, 15 id., 322; but see Phelps' ex'r v. Pond,
23 N. Y., 83).

CHAPTER IV.

TERMINATION OF OWNERSHIP.

SECTION 211, 212. Future interests, when defeated.

213, 214. Future interests, when not defeated.

terest, when

$211. A future interest, depending on the contin- Future ingency of the death of any person without successors, defeated. heirs, issue, or children, is defeated by the birth of a posthumous child of such person, capable of taking by succession.

1 R. S., 725, § 31.

S212. A future interest may be defeated in any ra. manner, or by any act or means, which the party creating such interest provided for or authorized in the creation thereof; nor is a future interest, thus liable to be defeated, to be on that ground adjudged void in its creation.

1 R. S., 725, § 33.

interests,

when not

defeated.

S213. No future interest can be defeated or barred Future by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger or otherwise, except as provided by the next section, or where a forfeiture is imposed by statute as a penalty for the violation thereof. 1 R. S., 725, § 32.

S214. No future interest, valid in its creation, is 1d. defeated by the determination of the precedent in

terest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterwards happen, the future interest takes effect in the same manner and to the same extent as if the precedent interest had continued to the same period.

1 R. S., 725, § 34; modified by substituting the words "future interest" for "remainder."

Income, what.

Time of creation, what.

TITLE III.

GENERAL DEFINITIONS.

SECTION 215. Income, what.

216. Time of creation, what.

$215. The income of property, as the term is used in this Part of the Code, includes the rents and profits of real property, the interest of money, dividends upon stock, and other produce of personal property.

$216. The delivery of the grant, where a limitation, condition, or future interest is created by grant, and the death of the testator, where it is created by will, is to be deemed the time of the creation of the limitation, condition, or interest, within the meaning of this Part of the Code.

Modified from 1 R. S., 726, § 41; see Lang v. Ropke, 5

Sundf., 369, 370.

PART II.

REAL OR IMMOVABLE PROPERTY.

TITLE I. General Provisions.

II. Estates in Real Property.

III. Rights and Obligations of Owners.
IV. Uses and Trusts.

V. Powers.

TITLE I.

GENERAL PROVISIONS.

$217. Real property within this state is governed by the law of this state.

TITLE II.

ESTATES IN REAL PROPERTY.

CHAPTER I. Estates in General.

II. Termination of Estates.
III. Servitudes.

CHAPTER I.

ESTATES IN GENERAL.

SECTION 218. Enumeration of estates.

219. What estate a fee simple.

220. Estates tail abolished; their nature declared.
221. Certain remainders valid.

Enumeration of estates.

What estate a fee simple.

Estates tail abolished:

declared.

SECTION 222. Freeholds; chattels real; chattel interests.

223. Estates for life of a third person, when a freehold, &a

224. Future estates, what.

225. Reversions.

226. Remainders.

227. Limitations of chattels real.

228. Suspension by trust.

229. Contingent remainder in fee.

230. Remainders, future and contingent estates, how created.

231. Limitation of successive estates for life.

232, 233. Remainder upon estates for life of third person.
234. Contingent remainder on a term of years.

235. Remainder of estates for life.

236. Remainder upon a contingency.

237. Heirs of a tenant for life, when to take as purchasers.

238. Construction of certain remainders.

239. Effect of power of appointment.

S218. Estates in real property, in respect to the duration of their enjoyment, are either:

1. Estates of inheritance, or perpetual estates;

2. Estates for life;

3. Estates for years; or,

4. Estates at will.

1 R. S., 722, § 1. The term "estates by sufferance" has been omitted, as it is proposed to designate all such as estates at will. The words "in respect to the duration of their enjoyment," are new.

S219. Every estate of inheritance, notwithstanding the abolition of tenures, continues to be called a fee simple, or fee; and every such estate, when not defeasible or conditional, is called a fee simple absolute, or an absolute fee.

1 R. S., 722, § 2.

S220. Estates tail are abolished; and every estate their nature which would be adjudged a fee tail, according to the law of this state, as it existed previous to the twelfth day of July, one thousand seven hundred and eightytwo, is a fee simple; and if no valid remainder is limited thereon, is a fee simple absolute.

1 R. S., 722, § 3.

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