intended wife; 2. To such intended wife alone; 3. To any person, in trust for such person and his intended wife; 4. In trust for such wife alone, for the purpose of creating a jointure for such intended wife, and with her assent.

5. The assent of the wife to such jointure, if she be of full age, must be evidenced by her becoming a party to the conveyance by which it is settled. If she be an infant, her assent must be evidenced by her joining with her father or guardian in such conveyance. Such a jointure is a bar to her whole dower. A pecuniary provision may be made for the intended wife; and if her assent is given in the same manner, it will be a bar to any claim of dower in all the lands of her husband. If a jointure be made before her marriage, without her assent, or after her marriage, she may make her election to take the jointure or her dower. She is deemed to have selected her jointure or pecuniary provision, if she does not commence proceedings to recover her dower within one year.

6. Every jointure, devise, or pecuniary provision, in lieu of dower, is forfeited in the same cases in which dower would be forfeited. The wife cannot be deprived of her dower by any act, deed, or conveyance of the husband, without the assent of the wife, evidenced by her joining with him in the conveyance, and acknowledging the same in the manner required by law. No judgment or decree of any court against the husband, or crime committed by him, can prejudice the right of the wife to dower. The estate which the wife takes in the lands of

lands be conveyed for the purpose of creating a jointure for an intended wife, with her assent?

5. How must the assent of the wife be evidenced, if she be of full age? If she be an infant? What is the effect of such a jointure? Will a pecuniary provision made for an intended wife bar her dower? If a jointure be made by the intended husband, without the consent of the wife, or be made after marriage, what is its effect? When is she deemed to have selected her jointure?

6. In what cases is every jointure, devise, or pecuniary provision, in lieu of dower, forfeited? Can the wife be deprived of dower by any act of the husband without her assent? How must her assent be evidenced? What is the effect of a judgment, decree, or sentence of court against the husband, upon the dower of the wife? Does the estate which the wife

her deccased husband varies somewhat in the several States. In most of the States, she takes one-third of the profits for life; or, in case there be no children, one-half. In some States, she takes one-half in fee, when there are no lineal descendants.

7. The widow may remain in the chief house of her husband, and have her reasonable maintenance out of the estate, for forty days, whether her dower is assigned or not. The widow, if of age at the time of the death of her husband, must claim her dower within twenty-one years. The widow is entitled to damages for withholding her dower. The measure of damages is one-third part of the annual value of the mesne profits. If the action is against the heirs, she will recover from the time of the death of her husband. If against a stranger, from the time of demand, not exceeding, in any case, six years. Such damages are not estimated on any permanent improvements.

CHAPTER LV.

ESTATES BY THE COURTESY.

1. ESTATES by the courtesy are life-estates. Where a wife is seized of lands, and the husband and wife have issue born alive, the husband, after the death of the wife, is entitled to the rents, issues, and profits of such lands

takes by right of dower differ in the different States? What does she take in most of the States? What does she take in some of the States, if there are no lineal descendants?

7. For what time may the widow remain in the chief house of her husband? To what is she entitled during that time? Within what time must the widow, if of age at the death of her husband, claim her dower? To what damages is the widow entitled for withholding her dower? For what time, if the action is against the heirs? For what time, if the action is against a stranger? Are such damages estimated on any permanent improvement?

1. How long do estates by the courtesy continue? What is an estate

during his life. He is called a tenant by the courtesy. Four circumstances are necessary to the existence of this estate: 1. Marriage; 2. Seizin of the wife; 3. Issue of the marriage; 4. Death of the wife.

2. A void marriage gives no right to courtesy. If the marriage be voidable only, and it is not avoided during the life of the wife, the husband has the right to courtesy. A voidable marriage cannot be avoided after the death of one of the parties. The husband is called tenant, by the courtesy initiate, as soon as there is marriage seizin of the wife and birth of the child. The tenancy is consummated by the death of the wife.

3. The issue must be born alive, and during the life of the mother. If the mother die in childbirth, and the child be taken from her alive, the husband has no title by the courtesy. The issue must be such as can inherit the estate of the mother. If lands are given to the wife, and the heirs male of her body, and she have issue a daughter only, the husband is not entitled to courtesy.

CHAPTER LVI.

ESTATES FOR YEARS, AND AT WILL.

1. ESTATES for years, and at will, are created by mutual contract between the parties. The time for the payment

by the courtesy? What four circumstances are necessary to the existence of this estate?

2. If the marriage be void, what is the effect? If the marriage be voidable only? Can a voidable marriage be avoided after the death of one of the parties? When is the husband tenant by the courtesy initiate? How is this tenancy consummated?

3. Is it necessary that the issue and the mother be both living at the time of the birth of the issue? If the child be not living at the time of its birth? If the child be removed alive after the death of the mother? Is it necessary that the infant be capable of inheriting the estate of the mother? If the estate be given to the wife, and the heirs male of her body, and she have issue a daughter only?

1. How are estates for years and at will created? How is the time for

of rents is generally governed by statute or by custom. Rents are, by custom, in New York city, payable quarterly. When the time for which the tenant is to use and occupy the lands and tenements is described and set forth in the contract, the tenancy ceases at the expiration of such limited time. A tenancy at will may be terminated by the landlord's giving one month's notice in writing to the tenant, requiring him to remove therefrom. The tenant may also give notice of his intention to quit the premises.

2. An estate for years in lands is personal property. All leases for more than one year must be in writing. All leases for more than three years must be recorded, if the tenant would secure his lease against subsequent purchasers.

CHAPTER LVII.

DESCENT OF REAL PROPERTY.

1. THE general rules of law, governing the descent of real property, are nearly the same in all the States. As this is regulated entirely by the legislatures of the several States, some changes have been made in the laws established in the colonial governments. Every person who is capable of alienating his real estate, may by last will and testament devise the same, and regulate its descent in such manner as he shall deem proper. But the law regulates the descent of the real estate of every person who dies without devising the same.

payment of rent regulated, if not mentioned in the lease? When are rents payable in New York by custom? When does the tenancy cease, if the lease be for years? How may a tenancy at will be terminated? Can this notice be given by either party?

2. What kind of property is an estate for years? How must leases for more than one year be made? If for more than three years?

1. Are the rules of law, governing the descent of real property, the same in all the States? How is the descent of property regulated? Who

2. The person who dies without a will is called intestate. The real property of every person who dies intestate, descends to his lineal descendants. If his lineal descendants are all children, or all grandchildren, the inheritance descends to them in equal shares. Then they are of equal degrees of consanguinity. The inheritance descends to such lineal descendants in equal parts, however remote from the intestate the common degree of consanguinity may be.

3. If a part of such children be living, and a part have died, leaving issue, the estate is divided into as many equal parts as there are children living, and children who have died leaving issue. The descendants of each child, who has died, receive the share which their parent would have received if living. In every case where the descendants are of unequal degrees of consanguinity, those who are in the nearest degree take the shares which would have descended to them, had all the descendants in the same. degree, who have died leaving issue, been living. The issue of the descendants who have died, respectively, take the shares which their parents would have taken if living.

4. If there be no lineal descendants, such as children and grandchildren, the estate, if it descended on the part of the father, or was earned by the intestate, goes to the father. If the inheritance descended on the side of the mother, it goes to the mother, if living. If the mother be dead, the inheritance goes to the father for life, and the reversion to the brothers and sisters of the intestate. If

may regulate the descent of his real property? How? The descent of whose real estate does the law regulate?

2. What is the person who dies without a will called? To whom does the real estate of every person who dies intestate descend? If his lineal descendants are all children, or all grandchildren, in what proportion do they inherit? Of what degrees of consanguinity are they? How does the inheritance descend if the degrees of consanguinity are more remote, but common to all, as grandchildren, great-grandchildren?

3. If a part of such children be living, and a part have died, leaving issue, how does the inheritance descend? What do the descendants of each child, who has died, receive? What is the rule, in every case, where the descendants are of unequal degrees of consanguinity?