§ 255. Construction of grant of appurtenances and of all the rights and estate of grantor. In any grant or mortgage of freehold interests in real estate, the words, "together with the appurtenances and all the estates and rights of the grantor in and to said premises," must be construed as meaning, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and also all the estate, right, title, interest, dower and right of dower, curtesy and right of curtesy, property, possession, claim and demand whatsoever, both in law and in equity, of the said grantor of, in and to the said granted premises and every part and parcel thereof, with the appurtenances. Formerly section 220, Real Property Law of 1896, chapter XLVI, General Laws:

§ 220. Construction of grant of appurtenances and of all the rights and estate of grantor.- In any grant or mortgage of freehold interests in real estate, the words, "together with the appurtenances and all the estate and rights of the grantor in and to said premises," must be construed as meaning, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and also all the estate, right, title, interest, dower and right of dower, curtesy, and right of curtesy, property, possession, claim and demand whatsoever, both in law and in equity, of the said grantor of, in and to the said granted premises and every part and parcel thereof, with the appurtenances.4

42

Comment. This section of the Real Property Law was originally enacted in section 2 of chapter 475, Laws of 1890,43 and was taken verbatim from that law by the Commissioners of Statutory Revision.

Object of Section. This section was designed to relieve the public record offices, without the necessity of changing established forms of conveyance. It was not designed to enlarge or diminish the reciprocal obligations of grantor and grantee, or of mortgagor and mortgagee, of freehold estates and interests. It would be quite

42 Repealed by Real Prop. Law of 1909, 460, art. 14, chap. 50, Consolidated Laws. See below, § 460.

43 Repealed, chap. 547, Laws of 1896.

competent for the Legislature to abridge still further the records of ancient forms of conveyance by acts declaring that certain words or signs should stand for stereotyped clauses of such conveyances.

Penalty for Using Long Forms of Covenants. Section 255 of the Real Property Law should be read in connection with section 258 and also with section 337 of the same act, prescribing the penalty for using long forms of covenants.

The importance of employing the short form throughout a conveyance, has been adverted to, under the last preceding section.

§ 256. Construction of grant in executor's or trustee's deed of appurtenances, and of the estate of testator and grantor. In any deed by an executor of, or trustee under a will, the words "together with the appurtenances and also all the estate which the said testator had at the time of his decease in said premises, and also the estate therein which said grantor has or has power to convey or dispose of, whether individually or by virtue of said will or otherwise,” must be construed as meaning, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, property, possession, claim and demand whatsoever, both in law and equity, which the said testator had in his lifetime, and at the time of his decease, or which the said grantor has or has power to convey or dispose of, whether individually or by virtue of the said last will and testament or otherwise, of, in and to the said granted prem ises, and every part and parcel thereof, with the appurte

nances.

Formerly section 221, Real Property Law of 1896, chapter XLVI, General Laws:

§ 221. Construction of grant in executor's or trustee's deed of appurtenances, and of the estate of testator and grantor.-In any deed by an executor of, or trustee under a will, the words "together with the appurtenances and also all the estate which the said testator had at the time of his decease in said premises, and also the estate therein which said grantor has or has power to convey or dispose of, whether individually or by virtue of said will or otherwise," must be construed as meaning, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, property, possession, claim and demand whatsoever, both in law and equity, which the said testator had in his lifetime, and at the time of his decease, or which the said grantor has or has power to convey or dispose of, whether individually or by virtue of the said last will and testament or otherwise, or in and to the said granted premises, and every part and parcel thereof, with the appurtenances.44

44 Repealed by Real Prop. Law of 1909, § 460, art. 14, chap. 50, Consolidated Laws. See below, § 460.

Comment on Section. This section of the Real Property Law was originally enacted in section 3, chapter 475, Laws of 1890.45 This section is to be read in connection with section 258 of this act.

Object of Section. This section is a re-enactment of a part of a law which was originally designed to aid the public record offices, by dispensing with the necessity of repeating long stereotyped forms in the record of conveyances. The section was not designed to alter or change the reciprocal rights and obligations of grantor or grantee, under the longer forms of executors' or trustees' deeds.

Penalty for Using Long Forms of Covenants. Section 256 of this act should be read in connection with section 258 and section 327 of this act, which last prescribes a penalty for the use of long forms of covenants.

Short Form. A deviation from the short form, if that form is intended to be used, may be attended with unfortunate results. It should be adopted in its entirety, or rejected.46 If adopted, it is construed as if it were in the long form.47

45 Repealed, chap. 547, Laws of 1896.

46 Mut. Benefit Loan Co. v. Jaeger, 34 App. Div. 90; and see Rawle, Cov. for Tit. (5th ed.) p. 454, note 4

47 Cassada v. Stabel, 98 App. Div. 600.

§ 257. Covenants bind representatives of grantor and mortgagor and inure to the benefit of whom. All covenants contained in any grant or mortgage of real estate bind the heirs, executors, administrators, successors and assigns, of the grantor or mortgagor, and inure to the benefit of the heirs, executors, administrators, successors and assigns of the grantee or mortgagee in the same manner and to the same extent, and with like effect as if such heirs, executors, administrators, successors and assigns were so named in such covenants, unless otherwise in said grant or mortgage expressly provided.

Formerly section 222, Real Property Law of 1896, chapter XLVI, General Laws:

§ 222. Covenants to bind representatives of grantor and mortgagor and enure to the benefit of whom. All covenants contained in any grant or mortgage of real estate bind the heirs, executors, administrators, successors and assigns, of the grantor or mortgagor, and enure to the benefit of the heirs, executors, administrators, successors and assigns of the grantee or mortgagee in the same manner and to the same extent, and with like effect as if such heirs, executors, administrators, successors and assigns were so named in such covenants, unless otherwise in said grant or mortgage expressly provided.48

Comment. This section of the Real Property Law was originally enacted in section 5, chapter 475, Laws of 1890.49 The design of the act, from which this section is taken, was to relieve the various public record offices from the necessity of spreading out on the records long forms, commonly employed in conveyances of real estate. This section is not designed to change the established reciprocal relations of grantor and grantee or of mortgagor and mortgagee. It is to be read in connection with the next section of this act.50

Covenants Running with the Land. This section cannot in any way affect those rules of law which, before this act, determined what covenants ran with the land. No covenant in regard to real estate will run with the land, unless the covenantor has some interest in the land to which the covenant may be attached, and by the conveyance of which it will pass. However clearly it is expressed by the parties, that a covenant shall run with the land, if it be of

48 Repealed by Real Prop. Law of 1909, 460, art. 14, chap. 50, Consolidated Laws. See below, § 460.

49 Repealed, chap. 547, Laws of 1896.

50 Real Prop. Law, § 223.