nated future estates; 2. Estates to return after the expiration of some other estate, denominated reversions. A future estate is an estate, the possession of which is to commence at a future day, either without the intervention of a precedent estate, or on the determination, by lapse of time or otherwise, of a precedent estate created at the same time. When a future estate is dependent on a precedent estate, it may be termed a remainder, and may be created and transferred by that name. A reversion is the residue of an estate left in the grantor or his heirs, or in the heirs of a testator, possession commencing on the determination of a particular estate, granted or devised.

3. Future estates are either-1. Vested; or, 2. Contingent. Future estates are vested, when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. Future estates are contingent, while the person to whom, or the event upon which, they are limited to take effect remains uncertain. In New York, every future estate is void in its creation, which suspends the absolute power of alienation for a longer period than there are persons in being to whom an estate in fee in possession can be conveyed. The absolute power of alienation cannot be suspended by any limitation or condition whatever for a longer period than the continuance of two lives in being at the creation of the estate, with one single exception. A contingent remainder in fee may be limited on a prior remainder in fee, to take effect in the event that the person to whom the first remainder is limited shall die under the age of twenty-one years.

4. All life-estates subsequent to those of the first two

classes are estates in expectancy divided? What is a future estate? When a future estate is dependent on a precedent estate, what may it be termed? What is a reversion?

3. Of what two classes are future estates? When are future estates vested? When contingent? What future estates are void in their creation in the State of New York? For what period only can the absolute power of alienation be suspended? What is the exception?

4. What life estates are void?

How does the remainder take effect

are void. Upon the death of these two persons, the remainder takes effect in the same manner as if no other life estates had been created. The accumulation of rents, issues, and profits of real estate may be directed by deed or will for the benefit of one or more minors, to terminate at the expiration of their minority. If such accumulation be for a longer time than the minority of the persons for whose benefit it is created, it is void as respects the time beyond such minority. If such infants shall be destitute of other sufficient means of support and education, the court will direct a suitable sum to be applied to their maintenance and education.

5. Estates, in respect to the number and connection of their owners, are divided into-1. Estates in severalty; 2. Estates in joint tenancy; 3. Estates in common. Estates granted or devised to two or more persons, in their own right, are held in common, unless expressly declared to be in joint tenancy. Estates vested in executors or trustees, as such, are held by them in joint tenancy. An estate in severalty, is where one tenant holds the estate in his own right. The distinctive feature of an estate in joint tenancy is the right of survivorship. At common law, the entire estate, upon the death of one of the joint tenants, goes to the survivors, and the last survivor takes an estate of inheritance. The right of survivorship, in many of the States, is abolished, except in case the estate is held in trust. Estates in common may be terminated

upon the death of those two persons? When may the accumulation of the rents, issues, and profits of real estate be directed by deed or will? When does it terminate? If such accumulation be directed for a longer time than the minority of the persons for whose benefit it was created, what is the effect? When may the court direct a suitable sum to be applied to the maintenance and education of such infants?

5. Into how many classes are estates divided, as to the number and connection of their owners? How are estates granted or devised to two or more persons, in their own right, held? How are estates vested in executors or trustees held? What is an estate in severalty? What is the distinctive feature in an estate in joint tenancy? What is the right of survivorship, at common law? Is the right of survivorship still in force in the several States? How may estates in common be terminated?

in two ways: 1. By uniting all the titles in one tenant; 2. By partition.

6. Estates at will originate in mutual agreement, and depend upon the concurrence of both parties. The dissent of either party may terminate it. Such an estate cannot be the subject of conveyance. The estate of a tenant who comes into possession of lands by lawful title, but holds over by wrong after the determination of his interest, is an estate at sufferance. A conditional estate is one which has a qualification annexed to it by which it may, upon the happening or not happening of a particular event, be confirmed, modified, or destroyed. Estates by the courtesy and estates in dower will be examined hereafter.

CHAPTER LIV.

ALIENATION BY DEED.

1. THE usual term of transfer of real estate by deed is a grant. The person making and executing the deed, is called the grantor. The person to whom the estate is granted, is called the grantee. The instrument by which it is transferred, is called a deed. Real estate may be transferred from one person to another in three ways: 1. By deed; 2. By will; 3. By descent.

2. Every grant in fee of a freehold estate must be made in writing. It must be subscribed by the grantor or his

6. In what do estates at will originate? Upon what do they depend? How may they be terminated? Is such an estate a subject of conveyance? What is an estate at sufferance? What is a conditional estate? What other estates are mentioned ?

1. What is the usual term of transfer of real estate by deed? What is the person making and executing the deed called? What is the person called to whom the estate is granted? What is the instrument by which the transfer is made called? In how many ways may real estate be transferred from one owner to another?

2. How must every grant in fee of a freehold estate be made? By

agent, duly authorized. It must be under seal, and the authority of the agent must be under seal. It must be duly acknowledged by the grantor or his agent, duly authorized, before it is delivered, or its execution must be attested by at least one subscribing witness. It must be duly delivered by the grantor to the grantee. The execution of a deed, and its delivery, can only be proved by a subscribing witness, in most of the States. If a deed is not acknowledged, and cannot be proved by a subscribing witness, its execution is not complete, and it cannot be recorded. It does not take effect as to third parties until acknowledged or duly proved by a subscribing witness.

3. A deed does not take effect until it is duly delivered by the grantor to the grantee. The formal parts of a deed are-1. The date when made; 2. The names and description of the parties grantor and grantee; 3. The consideration paid by the grantee; 4. The receipt therefor; 5. The grant; 6. A full description of the property granted, with its locality and boundaries; 7. A covenant that the grantor is lawfully seized, and has a right to convey; 8. A covenant that the grantee shall have quiet possession; 9. A covenant that the property is free and clear from all encumbrances; 10. A covenant to do any act necessary to perfect the title in the grantee; 11. A covenant to warrant and defend; 12. Conclusion, containing the date of its execution; 13. Signature and seal; 14. Acknowledgment.

4. Chancellor Kent, in his Commentaries, says: "I apprehend that a deed would be perfectly competent, in any part of the United States, to convey the fee, if it was to be to the following effect:

whom subscribed? Must the instrument be under seal? If executed by an agent? By whom must it be acknowledged? If not acknowledged, how must its execution be proved? What is the last thing necessary to perfect the transfer? How only can the execution and delivery of a deed be proved? If a deed is not acknowledged, and cannot be proved by a subscribing witness, can it be recorded? When does it take effect?

3. Is the delivery of the deed by the grantor to the grantee necessary to perfect the transfer? What are the formal parts of a deed?

"I, A. B., in consideration of one dollar to me paid by C. D., do bargain and sell (or, in New York, grant) to C. D. and his heirs (in New York, Virginia, etc., the words and his heirs' may be omitted) the lot of land (describe it). Witness my hand and seal, etc.

"But persons usually attach so much importance to the solemnity of forms, that the purchaser would rather be at the expense of exchanging a paper of such insignificance of appearance for a conveyance, surrounded by the usual outworks, and securing respect and checking attacks by the formality of its manner, the prolixity of its provisions, and the usual redundancy of its language. The English practice and the New York practice, down to the present time, have been in conformity with the opinion of Lord Coke, that it is not advisable to depart from the formal and orderly parts of a deed which have been well considered and settled."

5. No person would be willing to take the title to an estate under a deed in the form given by the learned chancellor. Such form would be exceedingly defective. By the statute in New York, no covenant can be implied in any conveyance of real estate, whether such conveyance contain special covenants or not. In the form given, there is no covenant on the part of the grantor that he is lawfully seized, and has a right to convey. There is no covenant that the grantee shall have quiet possession. There is no covenant that the estate is free and clear of all encumbrances. There is no covenant to do any act necessary to perfect the title in the grantee. There is no cove

4. What form of deed does Chancellor Kent say he apprehends to be perfectly competent, in any part of the United States, to convey the fee? To what does he say persons usually attach much importance? What expense would the purchaser readily incur? In accordance with whose opinion does he say the English practice and the practice in New York are conducted? What was that opinion?

5. Would persons of ordinary prudence be willing to take the title to an estate in the form given by Chancellor Kent? Is such form complete or defective? Are there any implied covenants in any conveyance in New York? What covenants are omitted in the form given? What is the rule as to implied covenants in most of the States?