created. preceding sections of this chapter, a freehold estate as well as Remainders, how a chattel real may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon. future Estates. (2609.) SEC. 25. Two or more future estates may also be Two or more created to take effect in the alternative, so that if the first in order should fail to vest, the next in succession shall be substituted for it, and take effect accordingly. Estates not to be (2610.) SEC. 26. No future estate, otherwise valid, shall be Certain future void on the ground of the probability or improbability of the void. contingency on which it is limited to take effect. a contingency. for life, when to take as purchasers. (2611.) SEC. 27. A remainder may be limited on a contin- Remainder upon gency, which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder shall be construed a conditional limitation, and shall have the same effect as such a limitation would have by law. (2612.) Sec. 28. When a remainder shall be limited to the Heirs of tenant heirs, or heirs of the body of a person to whom a life estate in the same premises shall be given, the persons who, on the termination of the life estate, shall be the heirs, or heirs of the body of such tenant for life, shall be entitled to take as purchasers, by virtue of the remainder so limited to them. (2613.) SEC. 29. When a remainder on an estate for life, or Construction of for years, shall not be limited on a contingency, defeating or ders. avoiding such precedent estate, it shall be construed as intended to take effect only on the death of the first taker, or the expiration, by lapse of time, of such term of years. certain children. remain (2614.) SEC. 30. When a future estate shall be limited to Posthumon heirs, or issue, or children, posthumous children shall be entitled to take, in the same manner as if born before the death of the parents. (2615.) SEC. 31. A future estate depending on the contin- Ibid. gency of the death of any person without heirs or issue, or children, shall be defeated by the birth of a posthumous child of such person, capable of taking by descent. tates not to be (2616.) Sec. 32. No expectant estate can be defeated or Expectant E barred by any alienation or other act of the owner of the defeated, etc. intermediate or precedent estate, nor by any destruction of such precedent estate by disseizen, forfeiture, surrender, merger, or otherwise. Estate may be (2617.) SEC. 33. The last preceding section shall not be when expectant construed to prevent an expectant estate from being defeated defeated. in any manner, or by any act or means which the party Limitation of successive Estates for life. Remainder upon certain Estates for life. When remainder to take effect in certain cases. Contingent remainder on a term for years. Remainder of Meaning of "heirs" and die under the age of t contingency by which 1 determined before they (2601.) SEC. 17. Succe limited, unless to person when a remainder shall estates for life, all the two persons first entit! death of those person same manner as if no (2602.) SEC. 18. N. estate for the life of grantee or devisee ( in fee; nor shall a estate in a term f of the term. (2603.) SEC. 19. any such life estat as the persons d the remainder persons first n had been intro (2604.) SEC on a term f upon which in interest, (2605.) the cre (266 "issue" in cer- effect tain remainders. fants. estate, and such infants shall be destitute of other support of In profits of Land in SEC. 40. When, in consequence of a valid limitation who entitled to pectant estate, there shall be a suspense of the power certain cases. tion, or of the ownership, during the continuance of the rents and profits shall be undisposed of, and no rection for their accumulation is given, such rents and shall belong to the person presumptively entitled to Text eventual estate. tates, when 5) SEC. 41. The delivery of the grant, where an Expectant Es tant estate is created by grant; and where it is created created. vise, the death of the testator shall be deemed the time the creation of the estate. tant Estates abolished. and Estates in seve ralty, joint tenan in cy and in com mon. 20.) SEC. 42. All expectant estates, except such as are Certain expecrated and defined in this chapter, are abolished. 27.) SEC. 43. Estates, in respect to the number xion of their owners, are divided into estates ty, in joint tenancy, and in common; the nature and rties of which, respectively, shall continue to be such as ow established by law, except so far as the same may be ited by the provisions of this chapter. create Estates in common. 628.) SEC. 44. All grants and devises of lands, made to certain grants to or more persons, except as provided in the following tion, shall be construed to create estates in common, and ..t in joint tenancy, unless expressly declared to be in joint Code of 18:20, 394. Tenancy. 16 Mass., 61. Rev. of 1827, 261. last section. (2629.) SEC. 45. The preceding section shall not apply to Application of Lortgages, nor to devises or grants made in trust, or made to executors, or to husband and wife. tions annexed to (2630.) Sec. 46. When any conditions annexed to a grant or Nominal condiconveyance of lands are merely nominal, and evince no grant. intention of actual and substantial benefit to the party to whom or in whose favor they are to be performed, they may be wholly disregarded, and a failure to perform the same shall in no case operate as a forfeiture of the lands conveyed subject thereto. Remainder not to be defeated in certain cases. Qualities of expectant Estates. Future profits of Accumulation of the profits of Lands. 4 Paige, 328. Other directions, part, when who when void in ly void. Application of creating such estate shall in the creation thereof have provided or authorized; nor shall an expectant estate thus liable to be defeated, be on that ground adjudged void in its creation. (2618.) SEC. 34. No remainder, valid in its creation, shall be defeated by the determination of the precedent estate, before the happening of the contingency on which the remainder is limited to take effect; but should such contingency afterwards happen, the remainder shall take effect in the same manner, and to the same extent, as if the precedent estate had continued to the same period. (2619,) SEC. 35. Expectant estates are descendible, devisable and alienable, in the same manner as estates in possession. (2620.) SEC. 36. Dispositions of the rents and profits of lands to accrue and be received at any time subsequent to the exccution of the instrument creating such disposition, shall be governed by the rules established in this chapter, in relation to future estates in lands. (2621.) SEC. 37. An accumulation of rents and profits of real estate, for the benefit of one or more persons, may be directed by any will or deed sufficient to pass real estate, as follows: 1. If such accumulation be directed to commence on the creation of the estate out of which the rents and profits are to arise, it must be made for the benefit of one or more minors then in being, and terminate at the expiration of their minority: 2. If such accumulation be directed to commence at any time subsequent to the creation of the estate out of which the rents and profits are to arise, it shall commence within the time in this chapter permitted for the vesting of future estates, and during the minority of the persons for whose benefit it is directed, and shall terminate at the expiration of such minority. (2622.) SEC. 38. If in either of the cases mentioned in the last preceding section, the direction for such accumulation shall be for a longer time than during the minority of the persons intended to be benefited thereby, it shall be void as to the time beyond such minority; and all directions for the accumulation of the rents and profits of real estate, except such as are herein allowed, shall be void. (2623.) SEC. 39. When such rents and profits are directed profits, etc., to to be accumulated for the benefit of infants entitled to the fants. expectant estate, and such infants shall be destitute of other support of Insufficient means of support and education, the Chancellor, upon the application of their guardian, may direct a suitable sum out of such rents and profits to be applied to their maintenance and education. profits of Land in (2624.) SEC. 40. When, in consequence of a valid limitation Who entitled to of an expectant estate, there shall be a suspense of the power certain cases. of alienation, or of the ownership, during the continuance of which the rents and profits shall be undisposed of, and no valid direction for their accumulation is given, such rents and profits shall belong to the person presumptively entitled to the next eventual estate. tates, when (2625.) SEC. 41. The delivery of the grant, where an Expectant Esexpectant estate is created by grant; and where it is created created. by devise, the death of the testator shall be deemed the time of the creation of the estate. (2626.) SEC. 42. All expectant estates, except such as are Certain expecenumerated and defined in this chapter, are abolished. tant Estates abolished. and Estates in seve ralty, joint tenan in cy and in com (2627.) SEC. 43. Estates, in respect to the number connexion of their owners, are divided into estates severalty, in joint tenancy, and in common; the nature and properties of which, respectively, shall continue to be such as are now established by law, except so far as the same may be modified by the provisions of this chapter. mon. create Estates in common. (2628.) SEC. 44. All grants and devises of lands, made to certain grants to two or more persons, except as provided in the following section, shall be construed to create estates in common, and not in joint tenancy, unless expressly declared to be in joint Code of 1820, 394. tenancy. 16 Mass., 61. Rev. of 1827, 261. last section. (2629.) SEC. 45. The preceding section shall not apply to Application of mortgages, nor to devises or grants made in trust, or made to executors, or to husband and wife. tions annexed to (2630.) SEC. 46. When any conditions annexed to a grant or Nominal condiconveyance of lands are merely nominal, and evince no grant. intention of actual and substantial benefit to the party to whom or in whose favor they are to be performed, they may be wholly disregarded, and a failure to perform the same shall in no case operate as a forfeiture of the lands conveyed subject thereto. |