such father, unless the inheritance came to the intestate, on the CHAP. 2. part of his mother, and such mother be living: but if such mother be dead, the inheritance descending on her part shall go to the father for life and the reversion to the brothers and sisters of the intestate and their descendants, according to the law of inheritance by collateral relatives hereinafter provided. If there be no such brothers or sisters or their descendants living, such inheritance shall descend to the father in fee. 1 R. L., 52, § 3, third rule; Laws of 1830, ch. 320, § 13. [752] When moherit for her ther to in life. S6. If the intestate shall die without descendants and leaving no father, or leaving a father not entitled to take the inheritance under the last preceding section, and leaving a mother, and a brother or sister, or the descendant of a brother or sister, then the inheritance shall descend to the mother during her life, and the reversion to such brothers and sisters of the intestate as may be living, and the descendants of such as may be dead, according to the same law of inheritance herein after provided. If the intestate in such case, shall leave When to in no brother or sister, nor any descendants of any brother or sister, the inheritance shall descend to the mother in fee. herit in fee. relatives. all of diffe $ 7. If there be no father or mother, capable of inheriting Collateral the estate, it shall descend, in the cases herein after specified, to the collateral relatives of the intestate; and if there be Rule when several such relatives, all of equal degree of consanguinity to rent dethe intestate, the inheritance shall descend to them in equal parts, however remote from the intestate, the common degree of consanguinity may be. 1 R. L, 52, § 3, fourth and fifth rules; 31 B., 658; 23 B., 301. grees. and sisters. $ 8. If all the brothers and sisters of the intestate be living, Brothers the inheritance shall descend to such brothers and sisters; if any of them be living, and any be dead, then to the brothers and sisters, and every of them who are living, and to the descendants of such brothers and sisters as shall have died; scendants. so that each brother or sister who shall be living, shall inherit Their desuch share as would have descended to him or her, if all the brothers and sisters of the intestate, who shall have died leaving issue, had been living; and so that such descendants shall inherit the share, which their parent would have received, if living. 31 B., 658; 21 W., 130; 10 Pai., 148; 5 S. S. C., 418. descend 9. The same law of inheritance, prescribed in the last Rule if such section, shall prevail, as to the other direct lineal descendants ants are of of every brother and sister of the intestate, to the remotest unequal dedegree, whenever such descendants are of unequal degrees. 10 Pai., 148; 4 Pai., 340. grees. and sisters and their S 10. If there be no heir entitled to take under either of the Brothers preceding sections, the inheritance, if the same shall have of father, come to the intestate on the part of his father, shall descend, descend1. To the brothers and sisters of the father of the intestate in equal shares, if all be living: ants. CHAP, 2. [753] Brothers and sisters and their descendants. 2. If any be living, and any shall have died leaving issue, then to such brothers and sisters as shall be living, and to the descendants of such of the said brothers and sisters as shall have died: 3. If all such brothers and sisters shall have died, then to their descendants: In all cases, the inheritance shall descend in the same manner, as if all such brothers and sisters, had been the brothers and sisters of the intestate. 14 N. Y., 235; 10 Pai., 148; 4 Pai., 340. S 11. If there be no brothers and sisters, or any of them, of the father of the intestate, and no descendants of such of mother brothers and sisters, then the inheritance shall descend to the brothers and sisters of the mother of the intestate, and to the descendants of such of the said brothers and sisters as shall have died, or if all shall have died, then to their descendants, in the same manner, as if all such brothers and sisters had been the brothers and sisters of the father. In what case brothers and sisters of $ 12. In all cases not provided for by the preceding sections, where the inheritance shall have come to the intestate on the mother, and part of his mother, the same, instead of descending to the their descendants, to be preferred to those of father. When brothers and sisters of both father and mother, &c., to in herit equally. brothers and sisters of the intestate's father, and their descendants, as prescribed in the preceding tenth section, shall descend to the brothers and sisters of the intestate's mother, and to their descendants, as directed in the last preceding section; and if there be no such brothers and sisters, or descendants of them, then such inheritance shall descend to the brothers and sisters and their descendants, of the intestate's father, as before prescribed. 1 R. L., 52, § 3, 3d rule. S13. In cases where the inheritance has not come to the intestate, on the part of either the father or mother, the inheritance shall descend to the brothers and sisters both of the father and mother of the intestate, in equal shares, and to their descendants, in the same manner as if all such brothers and sisters, had been the brothers and sisters of the intestate. $14. In case of the death, without descendants, of an gitimate in intestate who shall have been illegitimate, the inheritance shall descend to his mother; if she be dead, it shall descend to the relatives of the intestate on the part of the mother, as if the intestate had been legitimate. Mother, &c., of ille testate. Relatives of the half blood. 23 B., 32. S 15. Relatives of the half blood shall inherit equally with those of the whole blood in the same degree; and the descendants of such relatives shall inherit in the same manner as the descendants of the whole blood; unless the inheritance came to the intestate by descent, devise, or gift of some one of his ancestors; in which case, all those who are not of the blood of such ancestor, shall be excluded from such inheritance. 14 N. Y., 235; 31 B., 658; 1 Pai., 562; 5 S. S. C., 418. CHAP. 2. Common $ 16. In all cases not provided for by the preceding rules, the inheritance shall descend according to the course of the law when to common law. 1 R. L., 52, § 3, 5th rule. prevail. heirs, how S17. Whenever there shall be but one person entitled to Rule as to inherit, according to the provisions of this Chapter, he shall one heir. take and hold the inheritance solely; and whenever an inher- Several itance, or a share of an inheritance, shall descend to several to hold. persons, under the provisions of this Chapter, they shall take as tenants in common, in proportion to their respective rights. 6 H., 637. [754) mous de $ 18. Descendants and relatives of the intestate, begotten before his death, but born thereafter, shall in all cases inherit Posthu in the same manner, as if they had been born in the lifetime scendants of the intestate, and had survived him. 1 R. L., 54, § 5; 2 B., 251. and relatives. children $19. Children and relatives who are illegitimate, shall not legitimate be entitled to inherit, under any of the provisions of Chapter. this and rela tives. Certain es tates, &c., $20. The estate of a husband as tenant by the curtesy, or of a widow as tenant in dower, shall not be affected by any of not to be the provisions of this Chapter; nor shall the same affect any limitation of any estate by deed or will. 1 R. L., 54, § 4; 28 B., 344; 15 How. P. R., 595. affected. $21. Real estate held in trust for any other person, if not Estates in devised by the person for whose use it is held, shall descend trust. to his heirs, according to the provisions of this Chapter. 1 R. L., 74, § 4. ancestor. S22. No person capable of inheriting under the provisions Alienism of of this Chapter, shall be precluded from such inheritance, by reason of the alienism of any ancestor of such person. 13 N. Y., 535; 5 N. Y., 274; 3 B. Ch., 446; 21 W., 130; 3 S. S. C., 81; vancement S23. If any child of an intestate shall have been advanced when adby him, by settlement or portion of real or personal estate, or to be set off. of both of them, the value thereof shall be reckoned, for the purposes of this section only, as part of the real and personal estate of such intestate, descendible to his heirs, and to be distributed to his next of kin, according to law; and if such advancement be equal or superior, to the amount of the share, which such child would be entitled to receive, of the real and personal estate of the deceased, as above reckoned, then such child and his descendants shall be excluded from any share, in the real and personal estate of the intestate. 1 R. L., 313, § 16; 3 S. Ch., 127; 4 Ab., 3; 13 B., 252. deducted. $24. But if such advancement be not equal to such share, When to be such child and his descendants shall be entitled to receive so much only, of the personal estate, and to inherit so much only, of the real estate of the intestate, as shall be sufficient CHAP. 3. Value of advancement. Expenses, &c., not ad to make all the shares of the children, in such real and personal estate and advancement, to be equal as near as can be estimated. 3 S. Ch., 127. $25. The value of any real or personal estate so advanced, shall be deemed to be that, if any, which was acknowledged by the child by an instrument in writing; otherwise such value shall be estimated, according to the worth of the property when given. 3 S. Ch., 127. $ 26. The maintaining or educating, or the giving of money vancements to a child, without a view to a portion or settlement in life, shall not be deemed an advancement. Terms [755] Construc tion of cer sions. 10 B., 72. $27. The term "real estate," as used in this Chapter, shall be construed to include every estate, interest and right, legal and equitable, in lands, tenements and hereditaments, except such as are determined or extinguished by the death of an intestate, seised or possessed thereof, or in any manner entitled thereto, and except leases for years, and estates for the life of another person; and the term "inheritance," as used in this Chapter, shall be understood to mean real estate, as herein defined, descended according to the provisions of this Chapter. $28. Whenever, in the preceding sections, any person is tain expres- described as living, it shall be understood that he was living at the time of the death of the intestate, from whom the descent came; and whenever any person is described as having died, it shall be understood, that he died before such intestate. Meaning of certain other expressions. $29. The expressions used in this Chapter, "where the estate shall have come to the intestate, on the part of the father," or "mother," as the case may be, shall be construed to include every case where the inheritance shall have come to the intestate, by devise, gift, or descent from the parent referred to, or from any relative of the blood of such parent. CHAP. III. Of the Proof and Recording of Conveyances of Real (Took effect January 1, 1830.) SEC. 1. Conveyances where to be recorded; consequence of omission. 3. Defeasances, of deeds to be recorded with them. 4. Officers authorised to take proof, &c. of deeds. 5. Ambassadors, consuls. in Europe, may take proofs. 6. In Great Britain. &c. consuls, &c. may take proof. 7. Proofs, how certified; effect thereof. 8. Proofs, &c. before special commissioners appointed by chancery. SEC. 9. Identity to be known or proved. 10. Married woman in this state, to be examined, &c. 11. Proof of conveyances by married woman out of this state. 12. Proof of deeds by subscribing witness. 13. When and how witnesses to deeds, compelled to testify concerning them. 14. Penalty and proceedings on refusal, to appear or to testify. 15. Certificate of proof, to be endorsed on deed. 16. Conveyances so proved and certified, evidence and entitled to be recorded. 17. Record and transcript, evidence; proof may be contested. 18. Certificates when and how to be authenticated. 19. Last section not to apply to deeds of agents of certain estates. 20. Certificates to be recorded with conveyance. 21. Conveyances by treasurer of Connecticut, how verified. 22. This Chapter not to affect conveyances heretofore proved. 23. Conveyances heretofore executed, but not proved, how to be proved. 24. Conveyances to be recorded in order of delivery. 25. Entry of time of recording, to be made, and endorsed. 26. Transcripts of records how to be verified. 27. Conveyances of lands out of this state, how proved. 28. Upon what proof mortgages, to be discharged. 29. Certificate of discharge and proof, &c. to be recorded. 30. When witnesses to conveyance dead, before whom it may be proved. 31. What proof to be made; matters to be stated in certificate. 32. Deed so proved, on being deposited, may be recorded. 33. Effect of recording and deposit, as evidence. 34. Punishment for recording deeds, without being proved. 35. Punishment for malfeasance in executing powers herein given. 36. Definition of term "real estate," as used in this Chapter. 37. Construction of the term "purchaser." 38. Meaning of term "conveyance." 39. Last section not to extend to powers of attorney. 40. Letter of attorney recorded not affected by revocation until recorded. 41. Recording assignment of mortgage not to be notice. 42. This Chapter not to extend to leases for life or years. CHAP. 8. [756] ances to be County 43. What provisions of this Chapter apply to register in New-York. $1. Every conveyance of real estate, within this state, Conveyhereafter made, shall be recorded in the office of the clerk of recorded in the county where such real estate shall be situated; and every clerk's of such conveyance not so recorded, shall be void as against any fice. subsequent purchaser, in good faith and for a valuable con- recorded, sideration, of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded. 1 R. L., 369, 372; Laws of 1819, 269; of 1821, 127; of 1822, 261, 284; [Wills to be see ch. 1, books for S2. Different sets of books shall be provided, by the clerks Different of the several counties, for the recording of deeds and mort- deeds and gages; in one of which sets, all conveyances absolute in their mortgages. terms, and not intended as mortgages, or as securities, in the nature of mortgages, shall be recorded; and in the other set, such mortgages and securities shall be recorded. |