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Tenure of Real Property.

SS 3-6

$ 3. Capacity to transfer real property.--A person other than a minor, an idiot, or person of unsound mind, seized of or entitled to an estate or interest in real property, may transfer such estate or interest.

$ 4. Deposition of resident alien.-An alien who, pursuant to the laws of the United States, has declared his intention of becoming a citizen, and who is, and intends to remain, a resident thereof, may make a written deposition to such facts, before any officer authorized to take the acknowledgment or proof of deeds to entitle them to be recorded within the state. Such deposition must be certified by the officer before whom it is made, and may be filed in the office of the secretary of state, and when so filed, must be recorded by him in a book kept for that purpose. Such deposition shall be presumptive evidence of the facts therein contained.

$ 5. When and how alien may acquire and transfer real property.-An alien may, for a term of six years after filing the deposition described in the last preceding section, take, hold, convey and devise real property. If such deposition be filed, or such alien be admitted to citizenship, a grant, devise, contract or mortgage theretofore made to or by him is as valid and effectual as if made thereafter; provided, however, that a devise to an alien shall not be valid unless a deposition be filed by him or he be admitted to citizenship, within one year after the death of the testator, or if the devisee is a minor, within one year after his majority. If a person who has filed such a deposition dies within six years thereafter, and before he is admitted to citizenship, his widow is entitled to dower in his real property, and if he dies intestate, his heirs or the persons who would otherwise answer to the description of heirs, inherit his real property, upon such persons being admitted to citizenship, or filing a deposition in their own behalf, within one year after such death, or if minors, within one year after their majority. If an action or proceeding is commenced by the state to recover real property held by an alien, such action or proceeding shall be suspended upon the filing of such deposition, and the service of a certified copy thereof upon the attorney-general, and the pay. ment of the costs to the time of such service.

§ 6. Effect of woman's marriage with alien on rights of herself and her descendants.-Any woman born a citizen of the United States, who shall have married or shall marry an

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alien, and the foreign-born children and descendants of any such woman, shall, notwithstanding her or their residence or birth in a foreign country, be entitled to take, hold, convey and devise real property situated within this state in like manner, and with like effect, as if such woman and such foreign-born children and descendants were citizens of the United States; and the title to any such real property shall not be impaired or affected by reason of such marriage, or residence or foreign birth; provided, that the title to such real property shall have been or shall be derived from or through a citizen of the United States. (As amended by chap. 756 of 1897.)

§ 7. Title through alien.—The right, title or interest in or to real property in this state of any person entitled to hold the same can not be questioned or impeached by reason of the alienage of any person through whom such title may have been derived. Nothing in this section affects or impairs the right of any heir, devisee, mortgagee, or creditor by judgment or otherwise.

$ 8. Liabilities of alien holders of real property.--Every alien holding real property in this state is subject to duties, assessments, taxes and burdens as if he were a citizen of this state.

$ 9. Heirs of patriotic Indian.—The heirs of an Indian to whom real property was granted for military services rendered during the war of the revolution may take and hold such real property by descent as if they were citizens of the state at the time of the death of their ancestors. A conveyance of such real property to a citizen of this state, executed by such Indian or his heirs after March seventh, eighteen hundred and nine, is valid, if executed with the approval of the surveyor-general or state engineer and surveyor, indorsed thereupon.

ARTICLE II.

CREATION AND DIVISION OF ESTATES.

SECTION 20. Enumeration of estates.

21. Estate in fee simple and fee simple absolute.
22. Estates tail abolished ; remainders thereon.
23. Freeholders ; chattels real; chattel interests.
24. When estate for life of third person is freehold ; when chattel

real.
25. Estates in possession and expectancy.

Creation and Division of Estates.

SS 22–22

SECTION 26. Enumeration of estates in expectancy.

27. Definition of future estates.
28. Definition of remainder.
29. Definition of reversion.
30. When future estates are vested ; when contingent.
31. Power of appointment not to prevent vesting.
32. Suspension of power of alienation.
33. Limitation of successive estates for life.
34. Remainders on estates for life of third person.
35. When remainder to take effect if estate be for lives of more

than two persons.
36. Contingent remainder on term of years.
37. Estate for life as remainder on term of years.
38. Meaning of heirs and issue in certain remainders.
39. Limitations of chattels real.
40. Creation of future and contingent estates.
41. Future estates in the alternative.
42. Future estates valid though contingency improbable.
43. Conditional limitations.
44. When heirs of life tenants take as purchasers.
45. When remainder not limited on contingency defeating prece-

dent estate takes effect.
46. Posthumous children.
47. When expectant estates are defeated.
48. Effect on valid remainders of determination of precedent estate

before contingency.
49. Qualities of expectant estates.
50. Disposition of rents and profits.
61. Accumulations.
52. Anticipation of directed accumulation.
53. Undisposed of profits.
54. When expectant estates are deemed created.
55. Estates in severalty, joint tenancy and in common.
56. When estate in common; when in joint tenancy.

$ 20. Enumeration of estates.- Estates in real property are divided into estates of inheritance, estates for life, estates for years, estates at will, and by sufferance.

$ 21. Estates in fee simple and fee simple absolute.-An estate of inheritance continues to be termed a fee simple, or fee, and, when not defeasible or conditional, a fee simple absolute, or an absolute fee.

$ 22. Estates tail abolished ; remainders thereon.—Estates tail have been abolished ; and every estate which would be adjudged a fee tail, according to the law of this state, as it existed before the twelfth day of July, seventeen hundred and eightytwo, shall be deemed a fee simple; and if no valid remainder be

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limited thereon, a fee simple absolute. Where a remainder in fee shall be limited on any estate which would be a fee tail, according to the law of this state, as it existed previous to such date, such remainder shall be valid, as a contingent limitation on a fee, and shall vest in possession on the death of the first taker, without issue living at the time of such death.

$ 23. Freeholds ; chattels real ; chattel interests.-Estates of inheritance and for life, shall continue to be termed estates of freehold ; estates for years are chattels real ; and estates at will or by sufferance, continue to be chattel interests, but not liable as such to sale on execution.

§ 24. When estate for life of third person is freehold, when chattel real.-An estate for 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; after his death it shall be deemed a chattel real.

$ 25. Estates in possession and expectancy.--Estates, as respects the time of their enjoyment, are divided into estates in possession, and estates in expectancy. An estate which entitles the owner to immediate possession of the property, is an estate in possession. An estate, in which the right of possession is postponed to a future time, is an estate in expectancy.

$ 26. Enumeration of estates in expectancy.-All expectant estates, except such as are enumerated and defined in this article, have been abolished. Estates in expectancy are divided into,

1. Future estates; and 2. Reversions.

$ 27. Definition of future estates.-A future estate, is an estate limited to commence in possession 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.

$ 28. Definition, remainder.-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.

$ 29. Definition, reversion.-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 the determination of a particular estate granted or devised.

$ 30. When future estates are vested; when contingent.—A future estate is either vested or contingent. It is vested, when

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Creation and Division of Estates.

SS 31-35

there is a person in being, who would have an immediate right to the possession of the property, on the determination of all the intermediate or precedent estates. It is contingent while the person to whom or the event on which it is limited to take effect remains uncertain.

$ 31. Power of appointment not to prevent vesting.–The existence of an unexecuted power of appointment does not prevent the vesting of a future estate, limited in default of the execution of the power.

$ 32. Suspension of power of alienation.—The absolute power of alienation is suspended, when there are no persons in being by whom an absolute fee in possession can be conveyed. Every future estate shall be void in its creation, which shall suspend the absolute power of alienation, 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 that 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 the first remainder is limited, die under the age of twentyone years, or on any other contingency by which the estate of such persons may be determined before they attain full age. For the purposes of this section a minority is deemed a part of a life and not an absolute term equal to the possible duration of such minority.

$ 33. Limitation of successive estates for life. Successive estates for life shall not be limited, except to persons 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 on the death of those persons, the remainder shall take effect, in the same manner as if no other life estates had been created.

$ 34. Remainders on estates for life of third persons.-A remainder shall not be created on an estate for the life of any other person than the grantee or devisee of such estate, unless such remainder be in fee; nor shall a remainder be created on such an estate in a term of years, unless it be for the whole residue of such terms.

$ 35. When remainders to take effect if estate be for lives of more than two persons.--When à remainder is created on any such life estate, and more than two persons are named as the

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