during his life. He is called a tenant by the courtesy. Four circumstances are necessary to the existence of this estate: 1. Marriage; 2. Seizin of the wife; 3. Issue of the marriage; 4. Death of the wife.

2. A void marriage gives no right to courtesy. If the marriage be voidable only, and it is not avoided during the life of the wife, the husband has the right to courtesy. A voidable marriage cannot be avoided after the death of one of the parties. The husband is called tenant, by the courtesy initiate, as soon as there is marriage seizin of the wife and birth of the child. The tenancy is consummated by the death of the wife.

3. The issue must be born alive, and during the life of the mother. If the mother die in childbirth, and the child be taken from her alive, the husband has no title by the courtesy. The issue must be such as can inherit the estate of the mother. If lands are given to the wife, and the heirs male of her body, and she have issue a daughter only, the husband is not entitled to courtesy.

CHAPTER LVI.

ESTATES FOR YEARS, AND AT WILL.

1. ESTATES for years, and at will, are created by mutual contract between the parties. The time for the payment

by the courtesy? What four circumstances are necessary to the existence of this estate?

2. If the marriage be void, what is the effect? If the marriage be voidable only? Can a voidable marriage be avoided after the death of one of the parties? When is the husband tenant by the courtesy initiate? How is this tenancy consummated?

3. Is it necessary that the issue and the mother be both living at the time of the birth of the issue? If the child be not living at the time of its birth? If the child be removed alive after the death of the mother? Is it necessary that the infant be capable of inheriting the estate of the mother? If the estate be given to the wife, and the heirs male of her body, and she have issue a daughter only?

1. How are estates for years and at will created? How is the time for

of rents is generally governed by statute or by custom, Rents are, by custom, in New York city, payable quarterly. When the time for which the tenant is to use and occupy the lands and tenements is described and set forth in the contract, the tenancy ceases at the expiration of such limited time. A tenancy at will may be terminated by the landlord's giving one month's notice in writing to the tenant, requiring him to remove therefrom. The tenant may also give notice of his intention to quit the premises.

2. An estate for years in lands is personal property. All leases for more than one year must be in writing. All leases for more than three years must be recorded, if the tenant would secure his lease against subsequent purchasers.

CHAPTER LVII.

DESCENT OF REAL PROPERTY.

1. THE general rules of law, governing the descent of real property, are nearly the same in all the States. As this is regulated entirely by the legislatures of the several States, some changes have been made in the laws established in the colonial governments. Every person who is capable of alienating his real estate, may by last will and testament devise the same, and regulate its descent in such manner as he shall deem proper. But the law regulates the descent of the real estate of every person who dies without devising the same.

payment of rent regulated, if not mentioned in the lease? When are rents payable in New York by custom? When does the tenancy cease, if the lease be for years? How may a tenancy at will be terminated? Can this notice be given by either party?

2. What kind of property is an estate for years? How must leases for more than one year be made? If for more than three years?

1. Are the rules of law, governing the descent of real property, the same in all the States? How is the descent of property regulated? Who

2. The person who dies without a will is called intestate. The real property of every person who dies intestate, descends to his lineal descendants. If his lineal descendants are all children, or all grandchildren, the inheritance descends to them in equal shares. Then they are of equal degrees of consanguinity. The inheritance descends to such lineal descendants in equal parts, however remote from the intestate the common degree of consanguinity may be.

3. If a part of such children be living, and a part have died, leaving issue, the estate is divided into as many equal parts as there are children living, and children who have died leaving issue. The descendants of each child, who has died, receive the share which their parent would have received if living. In every case where the descendants are of unequal degrees of consanguinity, those who are in the nearest degree take the shares which would have descended to them, had all the descendants in the same degree, who have died leaving issue, been living. The issue of the descendants who have died, respectively, take the shares which their parents would have taken if living. 4. If there be no lineal descendants, such as children and grandchildren, the estate, if it descended on the part of the father, or was earned by the intestate, goes to the father. If the inheritance descended on the side of the mother, it goes to the mother, if living. If the mother be dead, the inheritance goes to the father for life, and the reversion to the brothers and sisters of the intestate. If

may regulate the descent of his real property? How? The descent of whose real estate does the law regulate?

2. What is the person who dies without a will called? To whom does the real estate of every person who dies intestate descend? If his lineal descendants are all children, or all grandchildren, in what proportion do they inherit? Of what degrees of consanguinity are they? How does the inheritance descend if the degrees of consanguinity are more remote, but common to all, as grandchildren, great-grandchildren?

3. If a part of such children be living, and a part have died, leaving issue, how does the inheritance descend? What do the descendants of each child, who has died, receive? What is the rule, in every case, where the descendants are of unequal degrees of consanguinity?

there be no such brothers and sisters, or their descendants, then the inheritance descends to the father in fee.

5. If the intestate die without descendants, and leave no father entitled to the inheritance, but leave a mother, and brothers and sisters, then the inheritance descends to the mother for life, and the reversion to the brothers and sisters. If there are no brothers or sisters of the intestate, nor their descendants, then the inheritance descends to the mother in fee. If there be neither lineal descendants, nor father, nor mother, capable of inheriting the estate, it descends to the brothers and sisters of the intestate, governed by the same rules of consanguinity as are applied to lineal descendants.

6. If there be no lineal descendants, or father or mother, or brother or sister, or their descendants, if the estate came to the intestate on the part of the father, it will go to the brothers and sisters of the father, or their descendants in the same manner that it would descend to lineal descendants. If there be no brothers or sisters of the father or their descendants, then the inheritance descends to the brothers and sisters of the mother of the intestate, in the same manner as it would descend to lineal descendants. If the estate came to the intestate on the part of the mother, it would go to the brothers and sisters of the intestate's mother; and if none, nor their descendants, then to the brothers and sisters of the father.

4. If there are no lineal descendants, and the estate of the intestate descended on the part of the father, or was earned by the intestate? If the inheritance descended on the part of the mother? If the mother be dead? If there be no such brother, or sister, or their descendants?

5. If the intestate die without descendants, and leave no father entitled to the inheritance, but leave a mother, and brothers, and sisters? If there are no brothers or sisters of the intestate, or their descendants? If there be neither lineal descendants, nor father, nor mother?

6. If there be no lineal descendants, or father or mother, or brother or sister, or their descendants, and the estate came to the intestate on the part of the father? If there be no brothers or sisters of the father, or their descendants? If the estate came to the intestate on the part of the mother? If there be no brothers or sisters of the mother?

7. In case the inheritance came to the intestate on the part of neither the father nor the mother?

7. In case the inheritance came to the intestate on the part of neither father or mother, it will descend to the brothers and sisters of both father and mother in equal shares, in the same manner that it would descend to lineal descendants.

8. In case of the death of an illegitimate intestate without descendants, the inheritance descends to his mother. If she be dead, it goes to the relatives on the part of the mother. Relatives of the half-blood inherit equally with those of the whole blood, unless the inheritance came to the intestate from some of his ancestors; in which case all, not of the blood of such ancestors, are excluded from the inheritance. Descendants and relatives of the intestate, begotten before his death, but born after, inherit in the same manner as if they had been born in the lifetime of the intestate.

9. If any child of an intestate has received property by way of advancement, as his portion of the estate, if the same is equal to his share of the estate, he will not be entitled to any further share of the estate. If such advancement be less, he will be entitled to so much as will make his share equal with the others. Money expended in the maintenance and education of the child, without a view to settlement, is not deemed an advancement.

8. In case of the death of an illegitimate intestate, without descendants? If the mother he dead? How do relatives of the half-blood inherit? If the estate came to the intestate on the part of one of his ancestors? If descendants or relatives are begotten before, and born after, the death of the intestate?

9. If any child of the intestate has received advancements, by way of settlement? If money be expended in the maintenance and education of a child?