The Real Property Law of the State of New York: Being Chapter Fifty of the Consolidated Laws (passed February 17, 1909 ; Chapter 52, Laws of 1909) and All the Amendments Thereto

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Robert Ludlow Fowler
Baker, Voorhis, 1909 - 1382페이지
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ARTICLE 3
145
Freeholds chattels real chattel interests
209
When estate for life of third person is freehold when chattel real
212
Estates in possession and expectancy
214
Enumeration of estates in expectancy
216
Definition of future estates
219
Definition of remainder
220
Definition of reversion
228
When future estates are vested when contingent
230
Power of appointment not to prevent vesting
258
Suspension of power of alienation
261
Limitation of successive estates for life
317
Remainders on estates for life of third person
323
When remainder to take effect if estate be for lives of more than two persons
328
Contingent remainder on term of years
330
Estate for life as remainder on term of years
333
Meaning of heirs and issue in certain remainders
334
Limitations of chattels real
337
Creation of future and contingent estates
340
Future estates in the alternative
345
Future estate valid though contingency improbable
347
Conditional limitations
350
When heirs of life tenant take as purchasers
354
When remainder not limited on contingency defeating prec edent estate takes effect
358
Posthumous children
360
When expectant estates are defeated
363
Effect on valid remainders of determination of precedent estate before contingency
367
Qualities of expectant estates
369
Disposition of rents and profits
374
Accumulations
377
Anticipation of directed accumulation
387
Undisposed profits
389
When expectant estates are deemed created
391
Estates in severalty joint tenancy and in common
392
When estate in common when in joint tenancy
394
Sale of real property held by tenant for life contingent with remainder or remainders over to persons whose identity is unknown
400
Application how made
403
Sale how conducted
405
Conveyances upon sale
407
Disposition of proceeds of sale
408
Release of rents reserved by leases in perpetuity
410
Executed uses existing
413
Certain uses and trusts abolished
416
When right to possession creates legal ownership
421
Trustee of passive trust not to take
428
Grant to one where consideration paid by another
432
Bona fide purchasers protected
437
Purposes for which express trusts may be created
438
Certain devises to be deemed powers
465
Surplus income of trust property liable to creditors
476
When an authorized trust is valid as a power
480
Trustee of express trust to have whole estate
486
Qualification of last section
491
Interest remaining in grantor of express trust
493
What trust interest may be alienated
495
Transferee of trust property protected
504
When trustee may convey or exchange trust property
506
When trustee may lease trust property
514
Notice to beneficiary and other persons interested where real property affected by a trust is conveyed mortgaged or leased and procedure thereupon
519
Person paying money to trustee protected
523
When estate of trustee ceases
525
Termination of trusts for the benefit of creditors
527
Trust estate not to descend
529
Resignation or removal of trustee and appointment of successor
533
Grants and devises of real property for charitable pur
539
poses
550
114a Trusts for care of cemetery lots
556
Certain grants for charitable uses regulated
558
Executors fiduciaries and trustees investments in cer tain stocks regulated
565
Commissioners of trustees
568
ARTICLE 5
570
Effect of article
571
Definition of a power
580
Definitions of grantor grantee
583
Division of powers
584
General power
585
Special power
587
Beneficial power
588
General power in trust
591
Special power in trust
596
Capacity to grant a power
598
How power may be granted
599
Capacity to take and execute a power
603
Capacity of married woman to take power
605
Capacity to take a special and beneficial power
608
Reservation of a power
612
Effect of power to revoke
616
Power to sell in a mortgage
619
When power is a lien
621
When power is irrevocable
623
When estate for life or years is changed into a fee
625
Certain powers create a fee
630
When grantee of power has absolute fee
632
Effect of power to devise in certain cases
634
When power of disposition absolute
636
Power subject to condition
638
Power of life tenant to make leases
640
Effect of mortgage by grantee
642
When a trust power is imperative
644
Distribution when more than one beneficiary
649
Beneficial power subject to creditors
651
Execution of power on death of trustee
653
When power devolves on court
654
When creditors may compel execution of trust power
656
Defective execution of trust power
657
Effect of insolvent assignment
659
How power must be executed
660
Execution by survivors
662
Execution of power to dispose by devise
665
Execution of power to dispose by grant
667
When direction by grantor does not render power void
668
When directions by grantor need not be followed
669
Nominal conditions may be disregarded
671
Intent of grantor to be observed
672
Consent of grantor or third person to execution of power
675
When all must consent
677
Omission to recite power
679
When devise operates as an execution of the power
681
Disposition not void because too extensive
683
Computation of term of suspension
685
Capacity to take under a power
687
Purchaser under defective execution
689
Instrument affected by fraud
691
Sections applicable to trust powers
693
ARTICLE 6
695
Dower in lands exchanged
705
Dower in lands mortgaged before marriage
707
Dower in lands mortgaged for purchasemoney
709
Surplus proceeds of sale under purchasemoney mortgages
711
Widow of mortgagee not endowed
713
When dower barred by misconduct
714
When dower barred by jointure
718
When dower barred by pecuniary provisions
721
Married woman may release dower by attorney
745
ARTICLE 7
746
Rent due on life leases recoverable
752
When rent is apportionable
754
Rights where property or lease is transferred
756
Attornment by tenant
764
Notice of action adverse to possession of tenant
768
Effect of renewal on sublease
770
When tenant may surrender premisc
773
Termination of tenancies at will or by sufferance by notice
779
Liability of tenant holding over after giving notice of in tention to quit
784
Liability of tenant holding over after receiving notice to quit
786
Lease when void liability of landlord where premises are occupied for unlawful purpose
790
Duration of certain agreements in New York
792
Definitions and use of terms
795
Ancient conveyances abolished
799
When written conveyance necessary
803
Grant of fee or freehold
814
When grant takes effect
820
Estate which passes by grant or devise
823
Certain deeds declared grants
826
than possessed
829
Effect of conveyance where property is leased
830
Covenants in mortgages
832
Mortgages on real property inherited or devised
834
Covenants not implied
836
Lineal and collateral warranties abolished
838
Construction of covenants in grants of freehold interests
840
Construction of covenants in mortgages and bonds
844
Construction of grant of appurtenances and of all the rights and estate of grantor
850
Construction of grant in executors or trustees deed of appurtenances and of the estate of testator and grantor
852
Covenants bind representatives of grantor and mortgagor and inure to the benefit of whom
854
Short forms of deeds and mortgages
856
When contract to lease or sell void
879
Effect of grant or mortgage of real property adversely possessed
885
Maintenance of telegraph or other electric wires raises no presumption of grant
890
Conveyances with intent to defraud purchasers and incum brancers void
891
Conveyances with intent to defraud creditors void
894
Conveyances void as to creditors purchasers and incum brances void as to heirs and assigns
898
Fraudulent intent question of fact
899
Rights of purchaser or incumbrancer for valuable consid eration protected
901
Conveyances with power to revoke determine or alter
903
Disaffirmance of fraudulent act by executor and others
907
When remainderman may pay interest owed by life tenant
910
Powers of courts of equity not abridged
912
Construction of covenants in mortgages on leases of real property and bonds
914
Construction of grant of appurtenances et cetera and all of the rights and estate of the mortgagor
921
What form of mortgage on lease of real property
923
Transfers and mortgages of interests in decedents estates
928
ARTICLE 9
932
Recording of conveyances
938
By whom conveyance must be acknowledged or proved
949
Recording of conveyances heretofore acknowledged or proved
951
Recording executory contracts and powers of attorney
953
Recording of letters patent
955
Recording copies of instruments which are in secretary of states office
957
Certified copies may be recorded
959
Acknowledgments and proofs within the state
961
Acknowledgments and proofs in other states
964
Acknowledgments and proofs in Porto Rico the Philip pines Cuba and elsewhere
967
Acknowledgments and proofs in foreign countries
969
Acknowledgments and proofs by married women
973
Requisites of acknowledgments
977
Proof by subscribing witness
979
Compelling witnesses to testify
981
Certificate of acknowledgment or proof
983
When certificate to state time and place
993
When certificate must be under seal
994
Acknowledgment by corporation and form of certificate
996
When county clerks authentication necessary
999
When other authentication necessary
1002
Contents of certificate of authentication
1005
Recording of conveyances acknowledged or proved with out the state when parties and certifying officer are dead TOC8
1008
Proof when witnesses are dead ΙΟΙΙ
1011
Recording books
1014
Indexes
1016
Order of recording I019
1019
Certificate to be recorded I020
1020
Time of recording
1021
Certain deeds deemed mortgages
1022
Recording discharge of mortgage IC25
1026
Recording discharge of mortgage in counties embraced in cities of first class
1029
Recording discharge of mortgage in counties embraced
1031
cities of first class where property lies in more than one of such counties
1034
Effect of recording assignment of mortgage
1036
ARTICLE 10
1052
QUIETING TITLE TO REAL PROPERTY
1059
ARTICLE 12
1067
Mortgages leases and other liens and charges may
1068
Deputy registrars powers and duties
1078
Compensation of registrars and deputy registrars and registration clerks
1079
Disposition and use of fees received by registrar
1080
Official examiners of title
1081
What owners may apply what titles may be registered
1083
filed
1085
Examiners certificate of title other evidences of title
1088
Survey map or plan to be filed
1091
Notice of application and of pendency of action
1092
Filing of caution
1093
Agent of nonresident applicant
1095
Commencement of the action
1096
Notice of object of action copy of complaint
1099
Guardian ad litem ΙΙοο 389 Any person interested may appear and defend I 100
1100
Title in lands vested clouds thereon removed IIOI
1101
Judgments and orders conclusive
1102
Fraud action to set aside the judgment or to recover the property
1103
Registration of titles
1104
Certificate of registration
1105
Registration book
1107
Duplicate certificate of title
1108
Owners receipt for certificate of title
1109
Certificate to include dealings pending registration IIIO
1110
Certificate of title as evidence IIII
1111
Rights of registered owners exceptions incumbrances and transfers to be filed III2
1112
Registered property not affected by prescription or adverse possession
1114
Fraud notice only by registration
1115
Memorial to be carried forward
1117
Registered property to remain registered
1118
Registered property subject to same rights and burdens as unregistered property
1119
Transfers of registered property I 120
1120
Certificate remaining part of property transferred II22
1122
Book of covenants restrictions and forms
1123
Filing entering and indexing papers pursuant to this act tickler certificate
1124
Notice of filed papers
1126
Addresses of interested parties notice
1127
When a transfer is deemed to be registered
1128
New certificates
1129
Loss of owners duplicate
1130
ARTICLE 13
1155
Containing report original notes of the Commissioners of Statutory
1156
APPENDIX No I
1163
Notes of the original Revisers of the Revised Statutes on the text
1267
GENERAL INDEX 13211382
1321

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879 페이지 - Every contract for the leasing for a longer period than one year, or for the sale of any...
81 페이지 - No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service ; and the land and naval forces in time of war...
261 페이지 - the absolute power of alienation shall not be 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...
83 페이지 - State, made by the King of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void ; but nothing contained in this constitution shall affect any grants of land within this State, made by the authority of the said king or his predecessors, or shall annul any charters to bodies politic and corporate, by him or them made...
421 페이지 - ... equity, shall be deemed to have a legal estate therein, of the same quality and duration, and subject to the same conditions, as his beneficial interest.
261 페이지 - The absolute power of alienation shall not be 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.
938 페이지 - ... every such conveyance not so recorded, shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded.2 Comment.
857 페이지 - IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day and year first above written.
921 페이지 - ... together with the appurtenances and all the estate and rights of the party of the first part in and to said premises.
773 페이지 - Laws, c. 50) § 227 (Laws of 1909, c. r>2), which provides that, "where any building, which is leased or occupied, is destroyed or so injured by the elements, or any other cause as to be untenantable, and unfit for occupancy, and no express agreement to the contrary has been made in writing...

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