Future estates, however, may be created to take effect in the alternative, so that if the first in order shall fail to vest, the next in succession may be substituted for it, and the same will take effect accordingly. The probability, or improbability, of any contingency, makes no difference with the estate. It will not be void on that account, if it were otherwise valid. [Idem, 720.]

The absolute power of alienation of lands in New-York cannot be suspended by deed, will, or otherwise, for a longer period than during the continuance of not more than two lives, in being at the creation of the estate, except that a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited, shall die under the age of twenty-one years, or upon any other contingency by which the estate of such persons may be determined before they attain their full age. [Id., Sec. 16.]

There is another division of estates recognized by statute, which relates to the number and connection of the owners thereof. These are denominated estates in severalty, joint tenancy, and tenancy in common. The nature of these will be apprehended by the reader, from the foregoing explanations, and therefore require no comment. Where estates are

either granted or devised to one person, the same will be in severalty, but if the same be to two or more it will be held to be a tenancy in common, in all cases where the grant or testament does not otherwise expressly declare, except where estates are vested in executors or trustees. In the latter case it will be a joint tenancy. This rule applies as well to estates not vested as to those already created.

Estates in trust may be created where the trust is express, and for the purpose of selling lands for the benefit of creditors; or of selling, mortgaging, or leasing them, for the benefit of legatees, or for the purpose of satisfying any charge thereon; or of receiving the rents and profits and applying them

to the use of any person during the life of such person, or for a time; or of accumulating them for a period of time, and for a specific purpose not inconsistent with the foregoing regulations. Upon the death of a surviving trustee of an express trust, the trust vests in the Court of Chancery, and another person may be appointed by that court to execute it.

"The people of this State in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the State; and all lands, the title to which shall fail from a defect of heirs, shall revert or escheat to the people." All feudal tenures are abolished, yet the people, in their sovereign capacity, are quasi the lord, and take by escheat under the provisions of the statute.

Every citizen of the United States is capable of holding lands in New-York, and of taking the same by descent, devise, or purchase; and no title or claim of any citizen of this State, who was in actual possession of lands on the twenty-first day of April, 1825, or at any time before, can be defeated or prejudiced on account of the alienism of any person through or from whom his title or claim to such lands may have been derived. While the foregoing might seem to restrict freehold estates to citizens of the United States, it is nevertheless provided that aliens and Indians may, in certain cases, and subject to certain conditions, become vested with a title. By the laws of 1825, and which have become a part of the revised code, aliens coming to this country, who shall make a deposition or affirmation in writing, before any officer authorized to take the proof of deeds to be recorded, that they are residents of, and intend always to reside in the United States, and to become citizens thereof as soon as they can be naturalized, and that they have already taken such incipient measures as the laws of the United States require, to enable them to obtain naturalization, and which shall be certified by such officer, and be filed and recorded by the

Secretary of State, may take and hold lands, and within six years convey the same. In case any such alien shall die within the six years next after having filed and recorded such deposition or affirmation, his lands will descend to the heirs of his body, in the same manner as if he had been a citizen at the time of his death. If, however, he have no heirs in the country at his decease, his lands escheat to the State; but according to the custom of the Legislature, in cases where there are heirs living in a foreign country, at his decease, and who subsequently come and themselves file a deposition which entitles them to hold real estate, and demand a release, the same will be released to them if the same are not sold; or if sold, then the avails will be granted them, subject to a drawback of a per centage and charges.

Every person capable of holding lands (except idiots, lunatics, and infants) may convey; yet aliens must convey within six years after having filed the affidavit above mentioned, and Indians must previously obtain the consent of the Legislature. The State, as a matter of course, may always convey, by the executive officer thereof, and under the seal entrusted to his care.

XIV. THE EXECUTION OF DEEDS AND MORTGAGES IN NEW-YORK.

"A DEED," says Blackstone, "is a writing, sealed and delivered by the parties." In England, whence our laws are derived, much formality and precision were essential to the validity of a deed, in consequence of its being an act the most solemn and authentic that a man can perform, in relation to the disposal of his property. Whatever a man avows in a deed, he is forever estopped from contradicting. Formerly, deeds were required to be indicted on stamped parchment, and indented, that is, as many copies as there were parties to the instrument were placed together, and the upper margin thereof cut in a waving line, each to correspond with the

other. Hence the term "indenture," which is yet employed in the body of absolute conveyances, but without any force beyond the significancy of a deed. These, with many other arbitrary laws concerning conveyances, have either been relaxed by the Legislature, or adapted to the condition of a people who are themselves sovereigns, and as such, in their collective capacity, possess the original and ultimate property in all lands within the borders of the State. So much formality, however, as is essential to the security of parties to a deed, is, nevertheless, required.

The statute provides, that "every grant in fee, or of a freehold estate, shall be subscribed and sealed by the person from whom the estate or interest conveyed is intended to pass, or his lawful agent." [1 R. S., 731, Sec. 137.] No particular form of words is requisite, beyond what may be termed a bare sufficiency to specify the agreement and bind the parties. Prior to the reign of the Second Charles, conveyances were made in England by parol; but as it opened the door to the grossest frauds, a legal and orderly arrangement of written or printed words were found necessary in all grants. The English statute, grounded upon that necessity, while it forbade oral grants, established a rule that has found its way into ours. An orderly arrangement of written words is therefore essential to a deed; and these should set forth the name and residence of each of the parties, the consideration, the precise interest granted, a concise description of the premises, the place where situated, the reservations, if any made, and the covenants of the grantor.

The conveyance may be either on paper or parchment, but if it be written on stone, board, linen, leather, or the like, it is no deed. The reason assigned in the books for the use of paper or parchment is, that "writing thereon unites in itself, more perfectly than in any other way, preservation and convenience."

It must be subscribed by the grantor, or his agent. The name of the grantor is required, if the person executing the deed be capable of writing it; if he be not, then his mark, in any form he may choose to adopt, will answer for a signature, provided there be a subscribing witness of the fact.

It must be sealed. Where there are no orders of knighthood or nobility, impressions of coats of arms are superfluities; yet a seal, in order to be valid, must be composed of wax, wafer, or some adhesive or impressive substance. That most commonly used is a wafer, with a small piece of paper covering it, attached to the deed, at the right of the signature. Any similar sealing is valid, but a scroll, enclosing L S, at the end of a name, is not a sealing within the statute.

It must be delivered. Deeds take effect from the time of their delivery, and where they are not acknowledged previous to delivery, they must be attested by at least one subscribing witness. [1 R. S., 731.]

The consideration must be good. Fraud, collusion and usury vitiate contracts. A consideration, to be good, depends not upon equivalents, except so far as the same may indicate bad faith, usury, or collusion, as in the case of a transfer of property, to hinder, delay, or defraud creditors. A deed without any consideration is invalid, for it is construed to inure only to the benefit of the grantor. [2 Bl., 297.] Except, as against creditors, very slight considerations will support a deed. A pecuniary consideration is necessary; yet this is not confined to money. The rule is satisfied by land or property in exchange, a resulting benefit, or securities for the payment. [9 Cowan's R., 60.] Love and affection, as between parent and child, &c., is a good consideration, where the transfer is otherwise legal, and is not made with a view to secrete property, or defraud creditors.

A consideration for a deed should be expressed therein; but where it is not, it may be shown dehors the deed if one actually passed. The proof must, however, be explanatory,