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thing in earnest to bind the bargain, or in part of payment, or that fome note or memorandum in writing of the faid bargain, be made and figned by the parties to be charged by fuch contract, or their agents thereunto lawfully authorifed.

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CHA P. XLV.

An ACT concerning the Proofs, Acknowledgments and Registries of certain
Deeds and Conveyances.
Paffed rft March, 1787.

WHEREAS, during the late war between the United States of Ame

rica, and the king of Great-Britain, many deeds, conveyances and writings, relating to the title or property of lands, meffuages, tenements or hereditamen's within this ftate, executed bona fide, and for good and valuable confiderations, within the fouthern district of this state, have been proved and acknowledged before, and registered by perfons refiding in the faid diftrict, and deriving their authority from the faid king: And whereas it has now become impracticable, from the death of many perfons, and the removal of others from this state, before and fince the conclufion of the faid war, to have the faid deeds, conveyances and writings proved, acknowledged and registered, in the manner required by the laws of this ftate, by reafon whereof many of the faid deeds, conveyances and writings, will be rendered altogether invalid and ineffectual; Therefore, Be it enabled by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby eracted by the authority of the fume, That all deeds, conveyances and writings, relating to the title or property of any lands, meffuages, tenements or hereditaments, within this flate, which have been executed bona fide, and for good or valuable confiderations, within the fouthern diftrict of this state, after the ninth day of July, in the year one thousand feven hundred and feventy-fix, and before the twenty-fifth day of November, one thousand seven hundred and eighty-three, and have been proved and acknowledged before, and regiftered by any perfon or perfons refiding in the faid diftrict, and deriving authority, for the purpofe, from the faid king of Great-Britain, in the mode and manner which have been usual in cafes of the like`nature, whilst this state was a colony, fhall be as valid and effectual in the law, and shall have the like operation and effect, in every respect, to all intents, conftructions and purposes whatsoever, as if the faid deeds, conveyances and writings had been proved and acknowledged before, and registered by, perfons duly authorised by the laws of this flate to take the proofs and acknowledgments of the faid deeds, conveyances and writings, and to regifter the fame. Provided always, that nothing in this act fhall be conftrued to prevent or ftay any execution or writ of poffeffion, in any cause wherein judgment has been given, and no execution or writ of poffeffion iffued.

L

CHAP. XLVII.

An ACT to reduce the Laws concerning Wills into one Statute.

Paffed 3d March, 1787. BE it enacted by the people of the fate of New-York, represented in fenate and affembly, and it is hereby enacted by the authority of the fame, That all and every perfon and perfons having a fole eftate or intereft in fee

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fimple, or of any eftate of inheritance, or feifed in fee fimple in coparcenary, or in common, in fee fimple, or of any eftate of inheritance, of and in any manors, lands, tenements, rents or other hereditaments, in poffeffion, reverfion or remainder, or of rents or fervices incident to any reverfion or remainder, fhall have full and free liberty, power and authority, to give, dif pofe, will or devife, to any perfon or perfons (except bodies politic and corporate) by his laft will and teftament in writing, or otherwife by any act or acts lawfully executed in his life-time, by himtelf iolely, or by himself and others jointly, feverally or particularly, or by all thofe ways, or any of them, as much as in him of right is or fhall be, all his faid manors, lands, tenements, rents and hereditaments, or any of them, or any rents, commons or other profits or commodities, out of, or to be perceived of the fame, or out of any part thereof, at his own free will and pleasure.

II. Provided always, and be it further enacted by the authority aforesaid, That all devifes and bequefts of any manors, lands, tenements, rents or hereditaments, or of any rents, commons or other profits or commodities, out of, or to be perceived of the fame, fhall be in writing, and figned by the party fo devifing the fame, or by fome other perfon in his prefence, and by his exprefs directions; and fhall be attefted and fubfcribed in the prefence of the faid devifor, by three or more credible witnesses, or elfe they fhall be utterly void and of none effect.

be revoked or can.

celled.

III. And be it further enacted by the authority aforefid, How fuch wills may That no devife or bequeft in writing, of any manors, lands, tenements, rents or hereditaments, or of any rents, commons or other profits or commodities, out of, or to be perceived of the fame, or out of any parcel thereof, or any clause thereof, fhall be revocable, otherwife than by fome other will or codicil in writing, or other writing declaring the fame, or by burning, cancelling, tearing or obliterating the fame, by the teftator himself, or in his prefence, and by his direction and confent; but all devifes and bequefts of any manors, lands, tenements, rents or hereditaments, or of any rents, commons or other profits or commodities, out of, or to be perceived of the fame, or out of any parcel thereof, shall remain and continue in force until the fame be burnt, cancelled, torn or obliterated by the teftator, or by his directions, in manner aforesaid, or unless the fame be revoked or altered by fome other will or codicil in writing, or other writing of the devifor, figned in the prefence of three or more witnefles, declaring the fame.

IV. And be it further enacted by the authority aforefaid, Eftates, pur auter That all eftates pur auter vie, fhall be devifable by will in vie, devifable. writing, figned by the party fo devifing the fame, or by fome other perfon in his prefence, and by his express directions, and attefled and fubfcribed in the prefence of the devilor, by three or more wineffes, And if no fuch devife thereof be made, the fame, or fo much thereof as fhall not be fo devifed, fhall go to the executors or adminiftrators of the party who had the eftate thereof by virtue of the grant, and shall be aflets in their hands. and be applied and diftributed in the fame manner as the perfonal eftate of the teftator or inteftate.

coverts, infants, idi

V. And be it further enacted by the authority aforefai, Wills made by feme That wills or teftaments made of any manors, lands, teneots and lunatics, not ments, rents or hereditaments, or of any rents, commons or other profits or commodities, out of, or to be perceived of the fame, by any woman covert, or perfon within the age of twenty

good.

one years, idiot, or any perfon of unfane memory, fhall not be taken to be good or effectual in the law.

fo attesting the ex

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VI. A dbe it further enacted by the authority aforefaid, Devifes to any per- That if any perfon hath attelted the execution of any will Cathal of any will, or codicil, after the firil day of March in the year of our Lord one thousand feven hundred and fifty-three, or shall atteft the execution of any will or codicil, hereafter to be made, to whom any bencficial devife, legacy, eftate, intereft, gift or appointment, of or affecting any real or perfonal ellate, other than, and except charges on lands, tenements or hereditaments, for the payment of any debt or debts, hath been or fhall be thereby given or made, fuch devile, legacy, eflate, intereft, gift or appointment, fhail, fo far only as concerns fuch perfon attefting the execution of fuch will or codicil, or any perfon claiming under him, be utterly rull and void. And fuch perion fhall be admitted as a witnefs to the execu tion of fich will or codicil, within the intent of this act, notwithstanding fach devie, legacy, eflate, interell, gift or appointment mentioned in fuch

will or codicil.

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VII. decu urther enaded by the authority aforefuid, Creditors playel That in cafe, by any will or codicil made or to be made, any lands, tenements of hereditamenrs, are or fhall be charged with any debt or debts, and any creditor whofe debt is fo charged, hath attefled, or thall atteft the execution of fuch will or codicil, every fuch Creditor, notwithstanding fuch charge, thall be admitted as a witness to the execution of fuch will or codicil, within the intent of this act. And further, That if any perfen hath attefted the execution of any will or codicil, made on or before the faid first day of March, in the year of our Lord one thoufand feven hundred and fifty-three, to whom any legacy or bequest is thereby given, whether charged upon lands, tenements or hereditaments, or not; and fuch perfon, before he fhall give his teftimony concerning the execution of any fuch will or codicil, fhall have been paid, or have accepted or releafed, or fhall have refused to accept fuch legacy or bequeft, upon tender made thereof, fuch perfon fhall be admitted as a witnefs to the exccution of fuch will or codicil, within the intent of this act, notwithflanding fuch legacy or bequeft; and in cafe of fuch tender and refufal as aforefaid, fuch perfon fhail in no wife be entitled to fuch legacy or bequeft, but fhall be forever afterwards barted therefrom; and in cafe of fuch acceptance as aforefaid, fuch perfon fhall retain to his own use, the legacy or bequeft which fhall have been fo paid, fatisfied or accepted, notwithtanding fuch will or codicil shall afterwards be adjudged or determined to be void, for want of due execution, or for any other caufe or defect whatfoever. And further, That in cafe any fuch legatee as aforefaid, who hath attefted the execution of any will or codicil, made on or before the faid first day of March, in the year of our Lord one thousand feven hundred and fifty-three, fhall have died in the teftator's life time, or before he fhall have received or releafed, or refufed, on tender, his legacy; fuch legatee fhall be deemed a legal witness to the execution of fuch will or codicil, within the intent of this act, notwithflanding fuch legacy or bequeft. Provided always, That the credit of every fuch witness to attefling the execution of any will or codicil, in any of the cafes in this act before mentioned, and all circumftances relating thereto, shall be fubject to the contideration and determination of the court, and the jury before whom any such wines fhall be examined, or his teftimony or atteftation made use of, or of the court of equity, in which the teftimony or atteflation of any fuch

witness shall be made ufe of, in like manner, to all intents and purpofes, as the credit of witneffes, in all other cafes, ought to be confidered of and determined.

No legatee refufing his legacy, and attesting the will, fhall be

entitled to fuch legacy.

VIII. And be it further enacted by the authority aforefaid, That no perfon to whom any beneficial eftate, interell, gift or appointment, hath been or fhail be given or made, which is hereby enacted to be null and void, or who fhall have refufed to receive any fuch legacy or bequeft, on tender made as aforefaid, and who fhall have been examined as a winefs concerning the execution of fuch will or codicil, fhall, after he fhall have been fo examined, demand or take poffeffion of, or receive any profit or benefit of or from any fuch eftate, intereit, gift or appointment, fo given or made to him, in or by any fuch will or codicil, or demand, receive or accept, from any perfon or perfons whatfoever, any fuch legacy or bequeft, or any fatisfaction or compenfation for the fame, in any manner, under any colour or pretence whatfoever.

the competency of

of March, 1753, not

at law, or devifee in

day,

Nor to any will

fach heir or evifce,

IX. And be it further enacted by the authority aforefaid, This act refpecting That the clauies in this act concerning the competency or withcffes to will made credibility of the witne fles to wills and codicils, made on or on or before the first before the faid first day of March, in the year of our Lord to extend to any heir one thoufand feven hundred and fifty-three, fhall not exa prior will, who was tend, or be conflrued to extend to the cafe of any heir at in poffeflion on that law, or of any devifte in a prior will or codicil of the fame teftator, executed and attefted according to this act, or any perfon claiming under either of them refpectively, who was in quiet pofletion on the faid firit day of March, in the year of our Lord one thoufand feven hundred and fifty-three, as to fuch lands, tenements and hereditaments, whereof he was then in quiet poffeffion as aforefaid; nor contefted by fuit, by to any will or codicil, the validity or due execution whereand determined in his of hath been contefted in any fuit in law or equity, commenced by the heir of fuch devifor, or the devifee in any fuch prior will or codicil, for recovering the lands, tenements or hereditaments mentioned to be deviled in any will or codicil fo contefted, or any part thereof, or for obtaining any other judgment or decree relative thereto, and which has been already determined in favour of fuch heir at law, or devifce in fuch prior will or codicil, or any perfon claiming under them refpectively; but no poffeflion of any heir at law, or device in fuch prior will or codicil as aforelaid, or of any perfon claiming under them refpectively, which is confiftent with, or may be warranted by or under any will or codicil, attefled according to the true intent and meaning of this act; or where the eftate defcended, or might have defcended to fuch heir at law, until a future or executory devife, by virtue of any will or codicil attefled according to this act, fhould or might take effect, fhall be deemed to be a poffeftion within the intent of this claufe of this act.

favour.

directed in any will

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X. And be it further enacted by the authority aforefald, Where lands are That where any lands, tenements or hereditaments have be fold by the been, or fhall be given or devited by any laft will or telaexecuters, and part refufe to act, fuch as ment, executed in due form of law as aforefaid, to the exdo accept may fell the ecutors therein named, or any of them, to be fold, or hath been or fhall be thereby ordered or directed to be fold by the executors therein named, or any of them; and after the death of fuch teflator, part of fuch executors named in fuch laft will and teftament, refale

fame.

or neglect to take upon him or them the execution or adminiftration and charge of the fame laft will and teftament, wherein they be fo named to be executors, and the refidue of the executors do accept and take upon them the execution, administration and charge of the fame laft will and teftament, then all bargains and tales of any fuch lands, tenements or hereditaments fo willed to be fold by the executors of any fuch teftator, as well heretofore made as hereafter to be made, by him or them only of the faid executors that fo do accept, or that heretofore have accepted and taken upon him or them any fuch charge of adminiflration of any fuch will or teftament, fhall be as good and as effectual in the law, as if all the refidue of the fame executors named in the faid will or teftament, fo refuting the adminiflration of the fame will or teftament, had joined with him or them in the making of the bargain and fale of fuch lands, tenements or other hereditaments, fo willed to be fold by the executors of any fuch teftator, who hath heretofore made or declared, or who hereafter fhall make or declare any fuch will of any fuch lands, tenements or other hereditaments, after his decease, to be fold by his executors.

deed or will, difpote

under age.

XI. And be it frther enacted by the authority aforesaid, A father may, by That when any perfon hath, or fhall have, any child or et the cuftody and children under the age of twenty-one years, and not martuition of his children ried at the time of his death, that it shall and may be lawful to and for the father of fuch child or children, whether born at the time of the decease of the father, or at that time in ventre fa mere, or whether fuch father be within the age of twenty-one years, or of full age, by his deed executed in his life-time, or by his laft will and teftament in writing, figned by fuch father, or by fome other perfon in his prefence, and by his expreis direction, and attefted and subscribed in the prefence of fuch father by three or more credible wineffes, in fuch manner and form, and from time to time, as he fhall refpectively think fit, to difpofe of the cuftody and tuition of fuch child or children, for and during fuch time as he or they fhall respectively remain under the age of twenty-one years, or any lefs time, to any perfon or perfons, in pofleflion or remainder; and that fuch difpofition of the cuftody of fuch child or children, made, or hereafter to be made, fhall be good and effectual, against all and every perfon and perfons claiming the cuftody or tuition of such child or children, as guardian in foccage, or otherwife; and that fuch perfon or perfons to whom the cuflody of fuch child or children hath been, or fhall be fo difpofed or devised as aforefaid, fhall and may maintain an action of ravishment of ward, or trefpafs, against any perfon or perfons who fhall wrongfully take away or detain such child or children, for the recovery of fuch child or children; and shall and may recover damages for the fame, in the faid action, for the ufe and benefit of fuch child or children.

the profits of the estate

their use.

XII. And be it further enacted by the authority aforefaid, Such perfonstotake That fuch perfon or perfons to whom the cuftody of fuch of fuch children to child or children, hath been or fhall be fo difpofed or devised, fhall and may take into his and their cuftody, to the ufe of fuch child or children, the profits of all lands, tenements and hereditaments of fuch child or children, and alfo the cuftody, tuition and management of the goods, chattels and personal estate of fuch child or children, until their ref pective age of twenty-one years, or any less time, according to fuch difpofition aforefaid, and may bring fuch action or actions in relation thereunto, as by law a guardian in common foccage might do.

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