Sidor som bilder
PDF
ePub

the intent that the will is not to operate as an execution of the power, appears, either expressly or by necessary implication.

Derivation: Real Property Law, § 156.

§ 177. Disposition not void because too extensive.

A disposition or charge by virtue of a power is not void on the ground that it is more extensive than was authorized by the power; but an estate or interest so created, so far as embraced by the terms of the power, is valid.

Derivation: Real Property Law, § 157.

§ 178. Computation of term of suspension.

The period during which the absolute right of alienation may be suspended, by an instrument in execution of a power, must be computed, not from the date of such instrument, but from the time of the creation of the power.

Derivation: Real Property Law, § 158.

§ 179. Capacity to take under a power.

An estate or interest can not be given or limited to any person, by an instrument in execution of a power, unless it would have been valid, if given or limited at the time of the creation of the power. Derivation: Real Property Law, § 159.

§ 180. Purchaser under defective execution.

A purchaser for a valuable consideration, claiming under a defective execution of a power, is entitled to the same relief as a similar purchaser, claiming under a defective conveyance from an actual owner.

Derivation: Real Property Law, § 160.

§ 181. Instrument affected by fraud.

An instrument in execution of a power is affected by fraud, in the same manner as a conveyance or will, executed by an owner or by a trustee.

Derivation:

J

Real Property Law, § 161,

§ 182. Sections applicable to trust powers.

Sections one hundred and eleven to one hundred and thirteen of this chapter, both inclusive, in relation to express trust estates, and the trustee thereof, apply equally to trust powers, however created, and to the grantees of such powers.

Derivation: Real Property Law, § 162.

[blocks in formation]

191. Dower in lands exchanged.

192. Dower in lands mortgaged before marriage.

193. Dower in lands mortgaged for purchase-money.

194. Surplus proceeds of sale under purchase-money mortgages.
195. Widow of mortgagee not endowed.

196. When dower barred by misconduct.

197. When dower barred by jointure.

198. When dower barred by pecuniary provisions.

199. When widow to elect between jointure and dower.

200. Election between devise and dower.

201. When deemed to have elected.

202. When provision in lieu of dower is forfeited.

203. Effect of acts of husband.

204. Widow's quarantine.

205. Widow may bequeath a crop.

206. Divorced woman may release dower.

207. Married woman may release dower by attorney.

190. Dower.

A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance, at any time during the marriage.

}

Derivation: Real Property Law, § 170.

§ 191. Dower in lands exchanged.

If a husband seized of an estate of inheritance in lands, exchanges them for other lands, his widow shall not have dower of both, but she must make her election, to be endowed of the lands given, or of those taken, in exchange; and if her election be not evinced by the commencement of an action to recover her dower of the lands given in exchange, within one year after the death of her husband, she is deemed to have elected to take her dower of the lands received in exchange.

Derivation: Real Property Law, § 171.

§ 192. Dower in lands mortgaged before marriage.

Where a person seized of an estate of inheritance in lands,

1

executes a mortgage thereof, before marriage, his widow is, nevertheless, entitled to dower of the lands mortgaged, as against every person except the mortgagee and those claiming under him. Derivation: Real Property Law, § 172.

§ 193. Dower in lands mortgaged for purchase-money.

Where a husband purchases lands during the marriage, and at the same time mortgages his estate in those lands to secure the payment of the purchase-money, his widow is not entitled to dower of those lands, as against the mortgagee or those claiming under him, although she did not unite in the mortgage. She is entitled to her dower as against every other person.

Derivation: Real Property Law, § 173.

§ 194. Surplus proceeds of sale under purchase-money mortgages. Where, in a case specified in the last section, the mortgagee, or a person claiming under him, causes the land mortgaged to be sold, after the death of the husband, either under a power of sale contained in the mortgage, br by virtue of a judgment in an action to foreclose the mortgage, and any surplus remains, after payment of the money due on the mortgage and the costs and charges of the sale, the widow is nevertheless entitled to the interest or income of one-third part of the surplus for her life, as her dower.

Derivation: Real Property Law, § 174.

§ 195. Widow of mortgagee not endowed.

A widow shall not be endowed of the lands conveyed to her husband by way of mortgage, unless he acquires an absolute estate therein, during the marriage.

Derivation: Real Property Law, § 175.

§ 196. When dower barred by misconduct.

In case of a divorce, dissolving the marriage contract for the misconduct of the wife, she shall not be endowed.

Derivation: Real Property Law, § 176.

§ 197. When dower barred by jointure.

Where an estate in real property is conveyed to a person and his intended wife, or to the intended wife alone, or to a person in trust for them or for the intended wife alone, for the purpose of creating a jointure for her, and with her assent, the jointure bars her right or claim of dower in all the lands of the husband. The assent of the wife to such a jointure is evidenced, if she be of full age, by her becoming a party to the conveyance by which it is settled; if

she be a minor, by her joining with her father or guardian in

that conveyance.

Derivation: Real Property Law, § 177.

§ 198. When dower barred by pecuniary provisions.

Any pecuniary provision, made for the benefit of an intended wife and in lieu of dower, if assented to by her as prescribed in the last section, bars her right or claim of dower in all the lands of her husband.

Derivation: Real Property Law, § 178.

§ 199. When widow to elect between jointure and dower.

If, before the marriage, but without her assent, or, if after the marriage, real property is given or assured for the jointure of a wife, or a pecuniary provision is made for her, in lieu of dower, she must make her election whether she will take the jointure or pecuniary provision, or be endowed of the lands of her husband; but she is not entitled to both.

Derivation: Real Property Law, § 179.

§ 200. Election between devise and dower.

If real property is devised to a woman, or a pecuniary or other provision is made for her by will in lieu of her dower, she must make her election whether she will take the property so devised, or the provision so made, or be endowed of the lands of her husband; but she is not entitled to both.

Derivation: Real Property Law, § 180.

§ 201. When deemed to have elected.

Where a woman is entitled to an election, as prescribed in either of the last two sections, she is deemed to have elected to take the jointure, devise or pecuniary provision, unless within one year after the death of her husband she enters upon the lands assigned to her for her dower, or commences an action for her dower. But, during such period of one year after the death of her said husband, her time to make such election may be enlarged by the order of any court competent to pass on the accounts of executors, administrators or testamentary trustees, or to admeasure dower, on an affidavit showing the pendency of a proceeding to contest the probate of the will containing such jointure, devise or pecuniary provision, or of an action to construe or set aside such will, or that the amount of claims against the estate of the testator can not be ascertained within the period so limited, or other reasonable cause,

and on notice given to such persons, and in such manner, as such court may direct. Such order shall be indexed and recorded in `the same manner as a notice of pendency of action in the office of the clerk of each county wherein the real property or a portion thereof affected thereby is situated.

Derivation: Real Property Law, § 181.

§ 202. When provision in lieu of dower is forfeited.

Every jointure, devise and pecuniary provision in lieu of dower is forfeited by the woman for whose benefit it is made in a case in which she would forfeit her dower; and on such forfeiture, an estate so conveyed for jointure, or devised, or a pecuniary provision so made, immediately vests in the person or legal representatives of the person in whom they would have vested on the determination of her interest therein, by her death.

Derivation: Real Property Law, § 182.

[ocr errors]

§ 203. Effect of acts of husband.

An act, deed or conveyance, executed or performed by the husband without the assent of his wife, evidenced by her acknowledgment thereof, in the manner required by law to pass the contingent right of dower of a married woman, or a judgment or decree confessed by or recovered against him, or any laches, default, covin, or crime of a husband, does not prejudice the right of his wife to her dower or jointure, or preclude her from the recovery thereof.

Derivation: Real Property Law, § 183.

§ 204. Widow's quarantine.

A widow may remain in the chief house of her husband forty days after his death, whether her dower is sooner assigned to her or not, without being liable to any rent for the same; and in the meantime she may have her reasonable sustenance out of the estate of her husband.

Derivation: Real Property Law, § 184.

§ 205. Widow may bequeath a crop.

A widow may bequeath a crop in the ground of land held by her in dower.

Derivation: Real Property Law, § 185.

§ 206. Divorced woman may release dower.

A woman who is divorced from her husband, whether such divorce be absolute or limited, or granted in his or her favor, by any court of competent jurisdiction, may release to him, by an instru

« FöregåendeFortsätt »