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

Robert Ludlow Fowler

Baker, Voorhis, 1909 - 1382페이지

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ARTICLE 3	174

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

ARTICLE 8	259

Suspension of power of alienation	261

CREATION AND DIVISION OF ESTATES	278

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

With notes and commentary on the text 570694	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

Divorced woman may release dower	743

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 premises	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

With notes and commentary on the text SEC 240 Definitions and use of terms 241 Ancient conveyances abolished 242 When written conveyance ne...	794

Construction of covenants in grants of freehold interests	841

Construction of covenants in mortgages and bonds	847

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	859

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 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	917

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	931

Definitions effect of article	932

Recording of conveyances	938

PAGE	940

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 10c8	1008

Proof when witnesses are dead ΙΟΙΙ	1011

Recording books	1014

Indexes	1016

Order of recording	1019

Certificate to be recorded	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	1051

ARTICLE 11	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

Contents of application for registration other papers to be 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	1100

Title in lands vested clouds thereon removed ΙΙΟΙ	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	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	1120

Certificate remaining part of property transferred	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

APPENDIX No I	1163

With notes and commentary on the text	1206

Containing report original notes of the Commissioners of Statutory	1266

794930	1311

795	1312

GENERAL INDEX 13211382	1321

799	1330

2 2 38 850 852 854 856	1331

145411	1332

890	1338

899	1345

903	1347

907	1364

910	1368

921	1373

기타 출판본 - 모두 보기

The Real Property Law of the State of New York: Being Chapter Fifty of the ...
Robert Ludlow Fowler
전체보기 - 1909

자주 나오는 단어 및 구문

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QR code for The Real Property Law of the State of New York

제목	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
편집자	Robert Ludlow Fowler
도움을 주신 분들	Robert Ludlow Fowler, New York (State)
에디션	3
발행인	Baker, Voorhis, 1909
길이	1382페이지

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When dower barred by pecuniary provisions	721

When widow to elect between jointure and dower	724

Election between devise and dower	727

When deemed to have elected	730

When provision in lieu of dower is forfeited	734

Effect of acts of husband	735

Widows quarantine	740

Widow may bequeath a crop	742

도서

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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Preface to Third Edition	xxi

PAGE	l

Introduction	3

ARTICLE 4	49

ARTICLE 1	86

USES AND TRUSTS PAGE	89

89105	99

ARTICLE 2	105