Brothers and ther and their $11. If there be no brothers and sisters, or any of them, of the CHAP. 2. father of the intestate, and no descendants of such brothers and sisters, then the inheritance shall descend to the brothers and sisters of the sisters of momother of the intestate, and to the descendants of such of the said descendants. 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. brothers and descendants, be profer $12. In all cases not provided for by the preceding sections, where In' what case the inheritance shall have come to the intestate on the part of his mo- sisters of mother, the same, instead of descending to the brothers and sisters of the ther, and their intestate's father, and their descendants, as prescribed in the preced-red to those of ing tenth section, shall descend to the brothers and sisters of the in- father. testate'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. 5 thers and sis father and S13. In cases where the inheritance has not come to the intestate, When broon the part of either the father or mother, the inheritance shall de- ters of both scend to the brothers and sisters both of the father and mother of the mother, &c. intestate, in equal shares, and to their descendants, in the same man- equally. ner as if all such brothers and sisters, had been the brothers and sisters of the intestate. to inherit of illegitimate $14. In case of the death, without descendants, of an intestate who Mother, &c. shall have been illegitimate, the inheritance shall descend to his mo- intestate. ther; 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. the halfblood S 15. Relatives of the half blood shall inherit equally with those Relatives of 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. Common law when to pre one heir. $ 16. In all cases not provided for by the preceding rules, the inheritance shall descend according to the course of the common law. vail. $ 17. Whenever there shall be but one person entitled to inherit, Rule as to according to the provisions of this Chapter, he shall take and hold the inheritance solely; and whenever an inheritance, or a share of an in- Several heirs, heritance, shall descend to several persons, under the provisions of this Chapter, they shall take as tenants in common, in proportion to their respective rights. how to hold. CHAP 2 318. Descendants and relatives of the intestate, begotten before his death, but born thereafter, shall in all cases inherit in the same dent manner, as if they had been born in the lifetime of the intestate, and had survived hin..? P 319. Children and relatives who are illegitimate, shall not be entitled to inherit, under any of the provisions of this Chapter. 3 20. The estate of a husband as tenant by the curtesy, or of a bed widow as tenant in dower, shall not be affected by any of the provisions of this Chapter; nor shall the same affect any limitation of any estate by deed or will. 321. Real estate held in trust for any other person, if not devised by the person for whose use it is held, shall descend to his heirs, according to the provisions of this Chapter. anca" defin-· ed. 3 22. No person capable of inheriting under the provisions of this Chapter, shall be precluded from such inheritance, by reason of the alienism of any ancestor of such person. 323. If any child of an intestate shall have been advanced by him, by settlement or portion of real or personal estate, or 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.10 324. But if such advancement be not equal to such share, 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 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.10 $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. $ 26. The maintaining or educating, or the giving of money to a child, without a view to a portion or settlement in life, shall not be deemed an advancement. $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 deter (7) 1 R. L. p. 54, § 5. (8) Ib. § 4. (9) Ib. p. 74, § 4. (10) Ib. p. 313. § 16. mined or extinguished by the death of an intestate, seised or possess- CHAP. 3. ed 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. of certain $28. Whenever, in the preceding sections, any person is describ- Construction ed as living, it shall be understood that he was living at the time of expressions. 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. certain other mo- expressions. $29. The expressions used in this Chapter, "where the estate Meaning of shall have come to the intestate, on the part of the father," or ther," 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 SEC. 1. Conveyances of real estate where to be recorded; consequence of omission. 2. Deeds and mortgages to be recorded in different sets of books. 3. Defeasances, &c. of deeds to be recorded with them. 4. Officers in this state and in United States authorised to take proof, &c. of deeds. 5. Ambassadors, consuls, &c. in Europe, &c. may take proofs, &c. 6. In Great Britain, &c. consuls, &c. may take proof, &c. 7. Proofs, &c. how certified by mayors, consuls and ambassadors; effect thereof. 8. Proofs, &c. before special commissioners appointed by chancery. 9. Identity of person acknowledging deed, to be known or proved. 10. Married women in this state, to be examined, &c. II. Proof, &c. of conveyances by married women residing out of this state. 12. Proof of deeds by subscribing witness, how made. 13. When and how witnesses to deeds, compelled to testify concerning them. 14. Penalty and proceedings on refusal, &c. to appear or to testify. 15. Certificate of proof, &c. to be endorsed on deed; its contents. 16. Conveyances so proved and certified, evidence and entitled to be recorded. 17. Record and transcript, evidence ; proof, &c. may be contested. 18. Certificates of certan judges and commissioners 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; effect of omission. 21. Conveyances by treasurer of Connecticut, how verified. 22. This Chapter not to affect conveyances heretofore proved, &c. 23. Conveyances heretofore executed, but not proved, how to be proved, &c. 24. Conveyances to be recorded in order of delivery, and deemed then recorded. 25. Entry of time of recording, &c. to be made, and endorsed on deed. 26. Transcripts of records how to be verified, in order to be evidence. 27. Conveyances of lands out of this state, how to be proved, &c. 28. Upon what proof records, &c. of mortgages, to be discharged. 29. Certificate of discharge and proof, &c. to be recorded; in the minutes of discharge, a reference to be made to the page where certificate is recorded. CHAP. 3. SEC. 30. When witnesses to conveyance dead, before whom it may be proved. 31. What proof to be made; matters to be stated in certificate. Conveyances ed in county clerk's office. 32. Deed so proved, on being deposited, may be recorded. 33. Effect of recording and deposit, as notice, as evidence. 34. Punishment for recording deeds, &c. without being proved, &c. 35. Punishment of judges, &c. for malfeasance in executing powers herein given. 37. Construction of the term "purchaser." 38. Meaning of term "conveyance." 39. Last section not to extend to powers of attorney, but they and contracts for land may be proved, &c. and recorded; effect thereof. 40. Letter of attorney recorded not affected by revocation until it be recorded. 41. Recording assignment of mortgage not to be notice to mortgagor, &c. 42. This Chapter not to extend to leases for life or years, in certain counties. 43. What provisions of this Chapter apply to register in New-York. SECTION 1. Every conveyance of real estate, within this state, to be record hereafter made, shall be recorded in the office of the clerk of the county where such real estate shall be situated; and every such conveyance not so recorded, shall be void as against any subsequent purrecorded, see chaser, in good faith and for a valuable consideration, of the same real ch. 1. title 5, estate, or any portion thereof, whose conveyance shall be first duly [Wills to be $3.] Different books for deeds and Certain deeds to be deemed recorded.1 $ 2. Different sets of books shall be provided, by the clerks of the several counties, for the recording of deeds and mortgages; in one of which sets, all conveyances absolute in their 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. S3. Every deed conveying real estate, which, by any other inmortgages: strument in writing, shall appear to have been intended, only, as a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage; and the person for whose benefit, such deed shall be made, shall not derive any advantage from the recording thereof, unless every writing, operating as Defeasances, a defeasance of the same, or explanatory of its being designed to have corded. the effect only of a mortgage, or conditional deed, be also recorded therewith, and at the same time.2 &c. to be re Officers who may take $4. To entitle any conveyance hereafter made, to be recorded by proofs, &c. of any county clerk, it shall be acknowledged by the party or parties executing the same, or shall be proved by a subscribing witness thereto, before any one of the following officers : deeds: In this state: 1. If acknowledged or proved within this state; the chancellor, justices of the supreme court, circuit judges, supreme court commissioners, judges of county courts, mayors and recorders of cities, or commissioners of deeds; but no county judge, or commissioner of deeds for a county or city, shall take any such proof or acknowledgment, out of the city or county, for which he was appointed : (1) 1 R. L. p. 369, 372; Laws of 1819, p. 269; of 1821, p. 127 ; of 1822, p. 261, 284; of 1823, p. 412. (2) I R. L. 372, § 3; Laws of 1822, p. 262, § 3. In any other ed States. 2. If acknowledged or proved out of this state, and within the CHAP. 3. United States; the chief justice and associate justices of the supreme court of the United States, district judges of the United States, the part of Unitjudges or justices of the supreme, superior or circuit court, of any state or territory, within the United States, and the chief judge, or any associate judge, of the circuit court of the United States, in the district of Columbia; but no proof or acknowledgment, taken by any such officer, shall entitle a conveyance to be recorded, unless taken within some place or territory, to which the jurisdiction of the court to which he belongs, shall extend.3 dors, consuls, rope, &c. S5. If the party or parties executing such conveyance, shall be, or Ambassareside, in any state or kingdom in Europe, or in North, or South se. in EuAmerica, the same may be acknowledged or proved before any minister plenipotentiary, or any minister extraordinary, or any charge des affaires, of the United States, resident and accredited within such state or kingdom. If such parties be or reside in France, such conveyance may be acknowledged or proved before the consul of the United States, appointed to reside at Paris; and if such parties be or reside in Russia, such conveyance may be acknowledged or proved before the consul of the United States appointed to reside at St. Petersburgh.4 suls, &c. in tain. $ 6. If the party to such conveyance be, or reside, within the Unit- Mayors, coned Kingdom of Great Britain and Ireland, or the dominions thereunto Great Bri belonging, the same may be acknowledged or proved before the mayor of the city of London, the mayor or chief magistrate of the city of Dublin, or the provost or chief magistrate of the city of Edinburgh, or before the mayor or chief magistrate of Liverpool, or before the consul of the United States appointed to reside at London. how certified countries. $7. Such proof or acknowledgment, duly certified under the hand, Proofs, &c. and seal of office, of such consuls, or of the said mayors or chief ma- in foreign gistrates respectively, or of such minister or charge des affaires, shall have the like force and validity, as if the same were taken, before a justice of the supreme court of this state." taken by spe sion from $8. Every such conveyance, heretofore made, or hereafter to be Proofs, &c. made, may be acknowledged or proved, without the United States, cial commis before any person specially authorised for that particular purpose, by chancery. a commission under the seal of the court of chancery of this state, to be issued to any reputable person residing in, or going to, the country where such proof or acknowledgment is to be taken; and the acknowledgment or proof so taken, shall be of the like force and validity, as if the same were taken before a justice of the supreme court of this state.7 (3) 1 R. L. p. 369, § 1. (4) Laws of 1816, p. 118. (5) 1 R. L. 370, § 3; Laws of 1817, p. 58. (6) Laws of 1816, p. 118; 1 R. L. 370; Laws of 1817, p. 58. (7) Laws of 1817, p. 58, § 1 & 2. |