has always received. By the 12th section declarations of trust must be signed by the party declaring them, but no reason is perceived why trusts may not be declared, as well as lands conveyed, by an agent acting under a power in writing." [§ 7. Same as enacted.] Original note. "Intended to express the substance of part of 12, of § 13, and part of § 14, of the present act." 8 as reported; enacted with important variations § 8 R. S. Original note. "Founded on the 11th section of the present act. Under that section it has been held, among other things, "1. That a letter or other writing, though written subsequently to the making of the agreement, is sufficient to take the case out of the statute. This has led to many refinements and distinctions. By omitting the words 'note or memorandum thereof,' and requiring the contract to be reduced to writing, the language is made more precise, and the door closed to the introduction of similar exceptions. "2. That the literal act of signing is not necessary, although the statute speaks of signing.' After setting out with this principle, the courts found themselves perfectly at large, as to what should be considered a signing To prevent difficulties of this sort hereafter, the Revisers propose to require that these agreements shall be subscribed. "3. That it is sufficient, as against the party sought to be charged, if the instrument be signed by him; and accordingly the courts of equity will decree a specific performance of an agreement to sell lands, against the person who holds the written engagement of the other party signed by him alone, though the latter may be wholly remediless. Many of the ablest judges in England and in this country, have regretted this rule of construction. (See the remarks of Chancellor Kent in 14 Johns. Rep. 489.) The Revisers have proposed in the above section, what seems to them a sound rule. "4. That the consideration of the agreement be in writing. This has been followed in the above." [§ 9. Same as enacted, except that the words “lawfully authorized," were substituted by the legislature for “authorized by writing," as reported.] Original note. "Under the existing statute, it has finally been held that the agent need not be authorized by writing, 9 Ves. jr. 250; 1 Sch. & Lef. 31. The alteration it is supposed will be useful." I Refers to 2 R. S. 135, § 7, supra, p. 803. Refers to 2 R. S. 135, § 9, supra, p. 879. GENERAL INDEX [References are to pages. Specific References to particular Articles and Sections of the Statute will also be found in the Table of Contents, at the beginning of the book. The reader will find it desirable to turn over the pages of any Article under examination; e. g., if he is examining “Powers" the paragraph headings of the various sections may aid his investigation, as they are very full, and supplement the General Index.] ACCELERATION OF ESTATES rules for, 317, 328 does not take place, when, 319, 328 none of contingent remainders, 322, 329 no acceleration where limitation is void, 329 ACCEPTANCE of deed important to delivery, 821 ACCUMULATIONS section of Real Property Law regulating valid, 377 common-law rule for, 380 Revised Statutes concerning, 381 Thelluson's efforts at, 380 can be made only for minors, 381, 382 may not be made during life of adult, 381 to pay off mortgages, 382, 449 accidental, 382 direction for, when implied, 383 when, may begin, 383 unlawful directions for, how far void, 384 when minor destitute, courts may direct disposition of, for benefit of, 387 disposition of, when infant dies before distribution, 385 disposition of, when direction for, void, 384 disposition of, when not disposed of by settlor, 387 trusts for, 438, 454 for charity, 385 of personalty, 387 ACKNOWLEDGMENT (OF DEEDS) separate acknowledgment of married woman no longer necessary, 738, 973, 974, 975, 976 of conveyances regulated, 949, 961, 964, 967, 969, 977 must be by person executing conveyance, 949 [References are to pages.] ACKNOWLEDGMENT (OF DEEDS) Continued within the State may be made where, 961, 962 within the State to be made before whom, 961, 962 in other States to be made before whom, 964 in foreign countries to be made before whom, 969 certificates of, regulated, 983-998 by corporation, 996 when certificate of, to be authenticated, 999-1007 ADMINISTRATORS may avoid fraudulent acts of intestate, 907 may not contract to sell lands unless authorized, 881 ADVANCEMENTS deemed to be, when parent takes title in child's name, 435 ADVERSE POSSESSION grant by person out of possession when void, 885-889 of lands under water, 95 of tenants in common, 397 AFTER-BORN CHILDREN when bound by conveyance, 249, 257 when bound by judgment or decree, 361, 400-409 AGREEMENTS certain, must be in writing, 803-814, 879-884 to dispose of at death, or to devise lands, must be in writing unless fettering inheritances subject to rule against perpetuities, 311 AGRICULTURAL LANDS cannot be leased beyond twelve years, 82, 160, 611 excess beyond twelve years only void, 160 powers to make leases of, 518, 611 leases by trustees of, 514, 516 ALIENATION account of tenants' right of, 11, 13 who may alienate real property, 116 restraints on alienation prohibited, 82, 87, 117, 156, 353 of expectant estate, 369 by beneficiaries of trust estate, 495-503 of estates for life or years, 119, 157 of estates in fee, 118 See POWERS OF ALIENATION; PERPETUITIES; RESTRAINTS ON ALIENA- TION ALIENS [References are to pages.] notes of Commissioners of Statutory Revision on, 1184-1203 status of, 107 no natural right to citizenship, 107 disabilities of, to take and hold lands, 113, 1184, 1273 disabilities of, to serve as jurors, 140 removal of disabilities of, 106, 113, 120, 122, 124 how disabilities of, removed, 106, 113, 120, 122, 124 devises to, void, when, 106, 114, 128 devises to, void unless deposition filed, 114, 122, 124 requisites and effect of depositions of, 120 , when and how they may acquire and transfer real property, 122 can take by purchase, 106, 123 cannot take by descent by common law, 125, 127, 131, 134, 139 mortgages to, 127, 129 wives of, when naturalized, 109, 110, 132 wives of, when entitled to dower, 127, 129, 130, 132 children of, when naturalized, 110 not entitled to curtesy, 128 may take lands by marriage settlement, 129 trust for, when invalid, 129 title through, not to be questioned, 135, 136, 137, 138, 139 all lands in New York made, 4, 72, 73, 74, 82, 85, 86 distinction between, and lands held by socage tenure, 85, 86 nature of "estates in, 86, 147, 149, 150 no, in England, 13, 64, 147 ALTERNATIVE LIMITATIONS when valid, 345 are those with a double aspect, 252, 294, 391, 345 See LIMITATION and LIMITATION OF ESTATES (rules of) ANNUITIES defined, 313, 448, 460 [References are to pages.] when they violate rule against perpetuities, 313 trusts for, 313, 438, 448 when assignable, 313, 499, 500 ANTICIPATION history of the restrictions on, 455, 456, 497, 498 statute against, 495 married women might be restrained from, 455, 497 APPORTIONMENT of perpetual rents, 202 of rent, where life tenant leases and dies, 754 ASSIGNEES FOR CREDITORS may avoid fraudulent acts and deeds of their assignor, 907, 908 ASSIGNEES IN BANKRUPTCY do not take contingent remainders, 249, 254, 372 take vested remainders of bankrupts, 249, 254 may reach surplus income of trust beneficiary, 479 statute against maintenance or champerty does not apply to conveyances ASSIGNEES OF LEASES liable only when in possession on covenants of lease, 763, 771, 877 ASSIGNMENTS OF LEASES what are, 771 must be in writing when, 803, 809 See LEASE ASSIGNMENT at common law, rights of re-entry, choses in action, etc., could not be ASSIGNMENTS OF MORTGAGES are conveyances within recording acts, 932, 936 effect of record of, 1036, 1037 rights of assignees under, 942, 1024, 1027 See MORTGAGES. ATTESTATION when grant must be attested, 814, 815, 938 by subscribing witness, 979 ATTORNEY-GENERAL to represent indefinite beneficiaries of charitable trusts, 539, 549 |