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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
requisites of, 977, 983, 985

certificates of, regulated, 983-998

by corporation, 996

when certificate of, to be authenticated, 999-1007
when certificate of, to be recorded, 1008-1010, 1020
forms of certificate of, 988-992, 996, 997

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
partly performed, 810, 882

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
notes of Reviser of Revised Statutes on, 1273, 1274

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
depositions of their intention to become citizens, 120, 122
patents to, effect of, 125

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

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all lands in New York made, 4, 72, 73, 74, 82, 85, 86

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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
from, 887

ASSIGNEES OF LEASES

liable only when in possession on covenants of lease, 763, 771, 877
See RENTS; REVERSIONS

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
assigned, 196 (note 77)

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

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