OF THE TENURE OF REAL PROPERTY, AND THE PERSONS CAPABLE ART. 1. Of the tenure of real property. ART. 2. Of the persons capable of holding and conveying lands. The People, original own in this state. ARTICLE FIRST. Of the Tenure of Real Property. SEC. 1. People of this state deemed original owners of lands therein. 4. Abolition of tenures not to affect certain rights, or powers of courts. 5. Guardianship of infants owning lands, to whom it belongs. 6. Provisions respecting guardians in soccage, to apply to them. 7. Superseded by appointment of testamentary or other guardian. SECTION 1. The people of this state, in their right of sovereignty, ers of lands are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the state; and all lands, the title to which shall fail, from a defect of heirs, shall revert or escheat to the people.1 To bold escheated land subject to trusts, &c. $2. All escheated lands, when held by the state, or its grantees, shall be subject to the same trusts, incumbrances, charges, rents, and services, to which they would have been subject, had they descended; How trusts, and the court of chancery shall have power to direct the attorney-ge-neral to convey such lands to the parties equitably entitled thereto, according to their respective rights, or to such new trustee as may be appointed by such court. &c. executed. All lands allodial. Foudal tenures abolished. Certain rights, &c. not to be affected. Who to be guardians of S3. All lands within this state are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective estates; and all feudal tenures, of every description, with all their incidents, are abolished.2 S4. The abolition of tenures shall not take away or discharge, any rents or services certain, which at any time heretofore, have been, or hereafter may be, created or reserved; nor shall it be construed to affect or change the powers or jurisdiction of any court of justice in this state.2 $ 5. Where an estate in lands shall become vested in an infant, infants own the guardianship of such infant, with the rights, powers and duties of a guardian in soccage, shall belong, ing lands. 1. To the father of the infant : 2. If there be no father, to the mother: 3. If there be no father or mother, to the nearest and eldest relative of full age, not being under any legal incapacity; and as between relatives of the same degree of consanguinity, males shall be preferred. (1) 1 R. L. p. 380, § 2. (2) Ib. p. 70, § 2 to 6. $ 6. To every such guardian, all statutory provisions that are or shall be in force, relative to guardians in soccage, shall be deemed to apply. ART. 2. Subject to certain laws. seded. $ 7. The rights and authority of every such guardian shall be su- When superperseded, in all cases where a testamentary or other guardian shall have been appointed under the provisions of the third Title of the eighth Chapter of this act. ARTICLE SECOND. Of the Persons capable of holding and conveying Lands. SEC. 8. Citizens of U. States capable of holding, &c. lands in this state. 9. Titles of possessors at certain time, of lands, not to be affected by alienism, &c. 10. Who capable of aliening lands. 11. Purchases from Indians since certain time, void, &c. 12. Indians cannot dispose of or contract for, &c. land, except, &c. 13. Heirs of certain Indian patentees, may convey in certain manner. 14. Occupants of lands so conveyed to be paid for improvements. 15. Resident aliens may make certain deposition. 16. Right thereafter to hold lands and make certain dispositions of them. 17. Not to hold lands acquired previous to making such deposition. 18. If alien die within six years, his heirs may inherit lands. 19. Aliens may take mortgages on sales of certain lands, &c. 20. Liabilities and incapacities of aliens holding lands. ble to hold not to be 1- affected by alienism. $8. Every citizen of the United States is capable of holding who capalands within this state, and of taking the same by descent, devise or lands. purchase. $9. No title or claim of any citizen of this state, who was in the certain titles actual possession of lands on the twenty-first day of April, one thousand eight hundred and twenty-five, or at any time before, shall be defeated or prejudiced on account of the alienism of any person through or from whom his title or claim to such lands may have been derived. S 10. Every person capable of holding lands, (except idiots, per- who capable sons of unsound mind, and infants,) seised of, or entitled to, any estate and or interest in lands, may alien such estate or interest at his pleasure, with the effect, and subject to the restrictions and regulations provided by law.2 of aliening lands. chases from $ 11. No purchase or contract for the sale of lands in this state, Certain purmade since the fourteenth day of October, one thousand seven hun- Indians, void. dred and seventy-five, or which may hereafter be made, with the Indians in this state, is valid, unless made under the authority and with the consent of the legislature of this state. by Indians, $ 12. No Indian residing within this state, can make any contract Sales, &c. for or concerning the sale of any lands within this state, or in any prohibited. manner give, sell, devise or otherwise dispose of any such lands, or any interest therein, without the authority and consent of the legislature of this state, except as herein after provided.4 (2) 1 R. L. p. 70, § 1, and p. 74, § 5. (3) Cons. art. 7, § 12. (4) 2 R. L. 153, § 1. TITLE 3. Heirs of cer may convey, S13. The heirs of every Indian to whom land has been granted for military services rendered during the war of the revolution, shall tain Indians be and are capable of taking and holding any such lands by descent, in the same manner as if such heirs were citizens of this state, at the death of their ancestors; and every conveyance executed by such patentee, or his heirs, after the seventh day of March, one thousand eight hundred and nine, to any citizen of this state, for any such land, shall be valid, if executed with the approbation of the surveyor-general of this state, to be expressed by an endorsement made on such conveyance and signed by him." Improvements to be paid for. Resident aliens may $ 14. If any land so conveyed shall have been occupied or improved, at the time of such conveyance, the occupant, his heirs or assigns, shall be entitled to be paid for the improvements made by them, or either of them, in the manner provided in the second section of the act, entitled "An act concerning lands in the military tract," passed April 8, 1813.5 $ 15. Any alien who has come, or who may hereafter come into make deposi- this state, may make a deposition or affirmation in writing, before to be filed, any officer authorised to take the proof of deeds to be recorded, that tary of state. he is a resident in this state, and intends always to reside in the tion, &c. &c. by secre Entitled thereafter to of them, but not to lease. United States, and to become a citizen thereof, as soon as he can be naturalized, and that he had taken such incipient measures as the laws of the United States require, to enable him to obtain naturalization; which shall be certified by such officer, and be filed and recorded by the secretary of state, in a book to be kept by him for that purpose. And such certificate, or a certified copy thereof, shall be evidence of the facts therein contained." S16. Any alien who shall make and file such deposition, shall hold lands; thereupon be authorised and enabled to take and hold lands and real may dispose estate, of any kind whatsoever, to him, his heirs and assigns forever, and may, during six years thereafter, sell, assign, mortgage, devise and dispose of the same, in any manner, as he might or could do if he were a native citizen of this state, or of the United States, except that no such alien shall have power to lease or demise any real estate, which he may take or hold by virtue of this provision, until he becomes naturalized." Not to hold lands previ $ 17. Such alien shall not be capable of taking or holding any ously acquir lands or real estate, which may have descended, or been devised or conveyed to him previously to his having become such resident, and made such deposition or affirmation as aforesaid." ed. Heirs to in $18. When such alien shall die within six years after making htc and filing such deposition, intestate, leaving heirs inhabitants of the United States, such heirs shall take by descent, and hold any real tain caso. (5) 2. R. L. 175, § 55. (6) Laws of 1825, p. 427, § 1, 2 & 3. estate of which such alien died seised, in the same manner as they ART. 1. would have inherited if such alien had been, at the time of his death, a citizen of this state." certain lands, teke mortga re-purchase certain cases. $ 19. If any alien shall sell and dispose of any real estate, which On sale of he is entitled by law to hold and dispose of, he, his heirs and assigns, aliens may may take mortgages in his or their own name, as a collateral secu- ges, and may rity for the purchase money due thereon, or any part thereof; and lands sold in such mortgagee, his heirs, assigns or legal representatives, or any of them, may re-purchase any of the said premises, on any sale thereof made by virtue of any power contained in such mortgage, or by virtue of any judgment or decree of any court of law or equity, rendered in order to enforce the payment of any part of such money, and may hold the same premises, in the like manner, and with the same authority, as the same were originally held by such mortgagor.8 and incapaci aliens. S 20. Every alien who shall hold any real estate by virtue of any Liabilities of the foregoing provisions, shall be subject to duties, assessments, ties of certain taxes and burthens, as if he were a citizen of this state; but shall be incapable of voting at any election, or of being elected or appointed to any office, or of serving on any jury.9 TITLE II. OF THE NATURE AND QUALITIES OE ESTATES IN REAL PROPERTY, ART. 1.-Of the creation and division of estates. ART. 2. Of uses and trusts. ART. 3. Of powers. ART. 4. Of alienation by deed. ARTICLE FIRST. Of the Creation and Division of Estates. SEC. 1. Enumeration of estates in land. 2. Estates of inheritance, a fee simple, when a fee simple absolute. 3 & 4. Estates tail abolished and to be fees simple; remainders thereon, when valid. 5. What to be estates of freehold, chattels real and chattel interests. 6. Estates for life of third person, when freehold, when chattels real. 7. Division of estates into those in possession and those in expectancy. 8. Definition of those estates respectively. 9. Enumeration of estates in expectancy. 10. Definition of a future estate. 11. When a future estate is a remainder. 12. Definition of a reversion. 13. When future estates are vested, when contingent. 14. Certain future estates void: when power of alienation deemed suspended. 15. How long power of alienation may be suspended. 16. In certain case a contingent remainder in fee may be created. 17. Limitation of successive estates for life. 18. Remainders upon estates for life of third person. 19. When remainder to take effect, if estate be for life of more than two persons. 20. Contingent remainder on a term for years. 21. Estates for life, as remainders, on a term for years. (7) Laws of 1826, p. 348, § 2. (8) 2. R. L. 542, § 2. (9) Laws of 1825, p. 427 § 4. TITLE 2. SEC. 22. Meaning of "heirs" and "issue" in certain remainders. Enumeration of estates in land. What estate a fee simple. Estates tail abolished. declared. 23. Limitations herein prescribed, to apply to chattel interests in lands. 27. Remainder upon a contingency; its effect. 28. Heirs of a tenant for life, when to take as purchasers. 29. Construction of certain remainders. 30 & 31. In what cases posthumous children to take, or defeat, future estates. 37. Accumulations of profits of land, how and for whom may be directed. 42. Expectant estates not herein enumerated, abolished. 43. Nature, &c. of estates in severalty, joint tenancy and in common. $1. Estates in lands are divided into estates of inheritance, estates for life, estates for years, and estates at will and by sufferance. $ 2. Every estate of inheritance, notwithstanding the abolition of tenures, shall continue to be termed a fee simple, or fee; and every such estate, when not defeasible or conditional, shall be termed a fee simple absolute, or an absolute fee. § 3. All estates tail are abolished; and every estate which would Their naturo be adjudged a fee tail, according to the law of this state, as it existed previous to the twelfth day of July, one thousand seven hundred and eighty-two, shall hereafter be adjudged a fee simple; and if no valid remainder be limited thereon, shall be a fee simple absolute.10 Certain remainders valid. Freeholds; chattels real; chattel interests. Estates for life of third S 4. Where a remainder in fee shall be limited upon any estate, which would be adjudged a fee tail, according to the law of this state, as it existed previous to the time mentioned in the last section, such remainder shall be valid as a contingent limitation upon a fee, and shall vest in possession, on the death of the first taker, without issue living at the time of such death. § 5. Estates of inheritance and for life, shall continue to be denominated estates of freehold; estates for years, shall be chattels real; and estates at will or by sufferance shall be chattel interests, but shall not be liable as such to sale on executions. $6. An estate during the life of a third person, whether limited person when to heirs or otherwise, shall be deemed a freehold only during the life of the grantee or devisee, but after his death it shall be deemed a freehold, &c. In possession chattel real. $7. Estates, as respects the time of their enjoyment, or expectan into estates in possession, and estates in expectancy. cy. are divided (10) 1. R. L. p. 52, § 1. |