BY THE SAME AUTHOR. A TREATISE ON SUSPENSION OF THE POWER OF ALIENATION, AND POSTPONEMENT OF VESTING, UNDER THE LAWS OF NEW YORK, MICHIGAN, MINNESOTA, AND WISCONSIN. IN ONE OCTAVO VOLUME. PRICE $4.50. For sale by all Law Booksellers. Sent, express prepaid, on receipt of the price by the publishers, BAKER, VOORHIS & CO., NEW YORK. A TREATISE ON EXPRESS TRUSTS AND POWERS UNDER THE NEW YORK REVISED STATUTES AND THE REAL PROPERTY LAW OF 1896 WITH AN APPENDIX CONTAINING A TABLE SHOWING THE SOURCES OF THE SECTIONS CITED, STATUTES AND THE REAL PROPERTY LAW BY STEWART CHAPLIN AUTHOR OF "SUSPENSION OF THE POWER OF ALIENATION" NEW YORK: BAKER, VOORHIS & COMPANY 1897 LIBRARY OF THE LELAND STANFORD JR. UNIVERSITY. A28908 COPYRIGHT, 1897. BY STEWART CHAPLIN. BURR PRINTING HOUSE, FRANKFORT AND JACOB STS., N. Y. PREFACE. TRUSTS and powers, as they existed prior to the first of January, 1830, were on that date abolished in New York, with some exceptions, when certain statutory provisions, codifying the law of these subjects, went into effect. Since that time, the courts, in several thousand reported cases, have filled in the outlines laid down in the statutes, and developed a system of law harmonious and nearly complete. On October first, 1896, the Real Property Law (L. 1896, Ch. 547) went into effect. This, in turn, repealed the earlier statutes, with a few exceptions, re-enacted most of them, in a changed form, and added some new provisions. Eighty-seven sections relating particularly to express trusts and powers embody more than three hundred changes, of which the greater part are trivial, some evidently change the law, and others, apparently without design, seem, as a matter of grammatical construction, to overturn well-settled principles. The following pages include a consideration of these changes. Although our statutes have deprived the general treatises on trusts and powers of much of their value for local use, there has been hitherto no attempt to present a systematic and detailed statement of the law of New York in this field. In the preparation of this book much assistance has been derived from the valuable notes of Professor Ames in his "Cases on Trusts," and the well-known articles by the same writer in the Harvard Law Review, and also from the able treatise of Mr. Farwell on Powers. Attention is called to the fact that in addition to the index and the usual tables of cases and statutes cited, there are also a table showing the sources of the sections cited from the Real Property Law; a table of comparative texts, giving side by side the sections of the Revised Statutes and the corresponding sections of the Real Property Law relating to express trusts and powers; and a table of index topics. New York, January, 1897. S. C. |