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TABLE OF CONTENTS.
PAGZ
Preface to Third Edition
Preface to Second Edition
Preface to First Edition
vii
Table of Contents
ix-xix
Table of Cases .
xxi-lxiv
Introduction
3-80
Constitutional provisions affecting real property and commentary.. 81-88
ARTICLE 1.
SHORT TITLE; DEFINITIONS.
With notes and commentary on the text .
89-105
SEC. 1. Short title....
2. Definitions
89
93
ARTICLE 2.
120
TENURE OF REAL PROPERTY.
With notes and commentary on the text..
... 106-145
Sec. 10. Capacity to hold real property
106
II. Capacity to transfer real property:
116
12. Deposition of resident alien
13. When and how alien may acquire and transfer real property.
14. Effect of woman's marriage with alien....
132
15. Title through alien
135
16. Liabilities of alien holders of real property
140
17. Heirs of patriotic Indian.....
142
18. Mines in Saint Lawrence county .
144
122
ARTICLE 3.
CREATION AND DIVISION OF ESTATES.
With notes and commentary on the text
... 145-411
Sec. 30. Enumeration of estates .
31. Estates in fee simple and fee simple absolute
32. Estates tail abolished; remainders thereon
147
172
205
PAGE
209
212
214
216
219
220
228
230
258
261
317
323
328
Sec. 33. Freeholds; chattels real; chattel interests.....
34. When estate for life of third person is freehold; when
chattel real ......
35. Estates in possession and expectancy
36. Enumeration of estates in expectancy
37. Definition of future estates
38. Definition of remainder
39. Definition of reversion.....
40. When future estates are vested; when contingent..
41. Power of appointment not to prevent vesting
42. Suspension of power of alienation .
43. Limitation of successive estates for life
44. Remainders on estates for life of third person
45. When remainder to take effect if estate be for lives of more
than two persons
46. Contingent remainder on term of years
47. Estate for life as remainder on term of years...
48. Meaning of heirs and issue in certain remainders...
49. Limitations of chattels real
50. Creation of future and contingent estates.
51. Future estates in the alternative....
52. Future estate valid though contingency improbable....
53. Conditional limitations.
54. When heirs of life tenant take as purchasers....
55. When remainder not limited on contingency defeating prec-
edent estate takes effect
36. Posthumous children
57. When expectant estates are defeated
58. Effect on valid remainders of determination of precedent
estate before contingency .
59. Qualities of expectant estates
60. Disposition of rents and profits.
61. Accumulations .
62. Anticipation of directed accumulation...
63. Undisposed profits ...
64. When expectant estates are deemed created
65. Estates in severalty, joint tenancy and in common....
66. When estate in common; when in joint tenancy....
67. Sale of real property held by tenant for life contingent
with remainder or remainders over to persons whose
identity is unknown .
68. Application, how made
69. Sale, how conducted .
70. Conveyances upon sale.
71. Disposition of proceeds of sale
72. Release of rents reserved by leases in perpetuity.....
330
333
334
337
340
345
347
350
354
358
360
363
367
369
374
377
387
389
391
392
394 ARTICLE 4.
400
403
405
407
408
410
USES AND TRUSTS.
PAGE.
412-569
413
416
421
428
432
437
438
465
476
480
486
491
493
495
504
506
514
SEC. 90. Executed uses existing.....
91. Certain uses and trusts abolished
92. When right to possession creates legal ownership.
93. Trustee of passive trust not to take.
94. Grant to one where consideration paid by another....
95. Bona fide purchasers protected.....
96. Purposes for which express trusts may be created.
97. Certain devises to be deemed powers....
98. Surplus income of trust property liable to creditors..
99. When an authorized trust is valid as a power.
100. Trustee of express trust to have whole estate
101. Qualification of last section....
102. Interest remaining in grantor of express trust.
103. What trust interest may be alienated...
104. Transferee of trust property protected..
105. When trustee may convey or exchange trust property....
106. When trustee may lease trust property.....
107. Notice to beneficiary and other persons interested where
real property affected by a trust is conveyed, mortgaged
or leased, and procedure thereupon...
108. Person paying money to trustee protected.
109. When estate of trustee ceases.
110. Termination of trusts for the benefit of creditors..
III. Trust estate not to descend.....
112. Resignation or removal of trustee and appointment of
successor ...
113. Grants and devises of real property for charitable pur-
poses
114. Certain educational and other charitable uses authorized..
114a. Trusts for care of cemetery lots.....
115. Certain grants for charitable uses regulated.
116. Executors’, fiduciaries' and trustees' investments in cer-
tain stocks regulated......
117. Commissioners of trustees.
519
523
525
527
529
533
539
550
556
558
565
568
ARTICLE 5.
570-694
POWERS.
With notes and commentary on the text.
SEC. 130. Effect of article .
131. Definition of a power..
132. Definitions of grantor, grantee.
133. Division of powers
571
580
583
584
585
587
588
591
596
598
Sec. 134. General power
135. Special power
136. Beneficial power.
137. General power in trust
138. Special power in trust....
139. Capacity to grant a power
140. How power may be granted .
141. Capacity to take and execute a power...
142. Capacity of married woman to take power..
143. Capacity to take a special and beneficial power.
144. Reservation of a power
145. Effect of power to revoke..
146. Power to sell in a mortgage.
147. When power is a lien......
148. When power is irrevocable .
149. When estate for life or years is changed into a fee.....
150. Certain powers create a fee......
151. When grantee of power has absolute fee..
152. Effect of power to devise in certain cases.
153. When power of disposition absolute.
154. Power subject to condition....
155. Power of life tenant to make leases.
156. Effect of mortgage by grantee..
157. When a trust power is imperative...
158. Distribution when more than one beneficiary..
159. Beneficial power subject to creditors....
160. Execution of power on death of trustee
161. When power devolves on court....
162. When creditors may compel execution of trust power.
163. Defective execution of trust power.
164. Effect of insolvent assignment
165. How power must be executed...
166. Execution by survivors ..
167. Execution of power to dispose by devise....
168. Execution of power to dispose by grant...
169. When direction by grantor does not render power void....
170. When directions by grantor need not be followed....
171. Nominal conditions may be disregarded......
172. Intent of grantor to be observed......
173. Consent of grantor or third person to execution of power.
174. When all must consent
175. Omission to recite power
176. When devise operates as an execution of the power..
177. Disposition not void because too extensive..
178. Computation of term of suspension...
599
603
605
608
612
616
619
621
623
625
630
632
634
636
638
640
642
644
649
651
653
654
656
657
659
660
662
665
667
668
669
671
672
675
677
679
681
683
685
Sec. 179. Capacity to take under a power.
180. Purchaser under defective execution
181. Instrument affected by fraud....
182. Sections applicable to trust powers
687
689
691
693
ARTICLE 6.
695-745
695
705
707
709
711
713
714
DOWER.
With notes and commentary on the text.....
SEC. 190. Dower ...
191. Dower in lands exchanged
192. Dower in lands mortgaged before marriage...
193. Dower in lands mortgaged for purchase-money.
194. Surplus proceeds of sale under purchase-money mortgages.
195. Widow of mortgagee not endowed
196. When dower barred by misconduct
197. When dower barred by jointure
198. When dower barred by pecuniary provisions.
199. When widow to elect between jointure and dower...
200. Election between devise, and dower....
201. When deemed to have elected
202. When provision in lieu of dower is forfeited....
203. Effect of acts of husband
204. Widow's quarantine ..
205. Widow may bequeath a crop.
206. Divorced woman may release dower
207. Married woman may release dower by attorney.....
718
721
724
727
730
734
735
740
742
743
745
ARTICLE 7.
768
LANDLORD AND TENANT.
With notes and commentary on the text....
746-793
Sec. 220. Action for use and occupation.....
746
221. Rent due on life leases recoverable..
752
222. When rent is apportionable.....
754
223. Rights where property or lease is transferred.....
756
224. Attornment by tenant.....
764
225. Notice of action adverse to possession of tenant.
226. Effect of renewal on sub-lease.
770
227. When tenant may surrender premisc.
773
228. Termination of tenancies at will or by sufferance, by notice. 779
229. Liability of tenant holding over after giving notice of in-
tention to quit
784
230. Liability of tenant holding over after receiving notice to
quit ...
786
231. Lease, when void; liability of landlord where premises are
occupied for unlawful purpose......
790
232. Duration of certain agreements in New York.
792
