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Board of Control.

money in the Treasury of this State, not otherwise appropriated, as shall be ordered by said Board of Control for said repairs, not exceeding ten thousand dollars in any one year; the said sum or sums of money so paid or advanced, to be reimbursed to said State Treasurer, with lawful interest on Compensation of the same, from said Canal Fund. The members of the said Board of Control shall each receive such compensation for necessary services in going to and from, and in inspecting said Canal, as shall be allowed by the Board of State Auditors of this State, not exceeding the mileage and per diem now paid members of the Legislature of this State from the Lower Peninsula, such compensation to be paid by the State Treasurer from the Canal Fund.

Board of Control may remove

and fill vacancy.

(2582.) SEC. 5. Said Superintendent shall be subject to Superintendent, removal for cause by the said Board of Control, and if a vacancy shall occur by removal or otherwise, the said board shall fill such vacancy, and the person so appointed shall hold his office during the remainder of the term, unless sooner removed.

Plans, Maps, etc., to be delivered to

(2583.) SEC. 6. The maps, plans, drawings, models, specifiSuperintendent. cations and patterns, of any and all parts of the Canal work, which have been used in the construction of said Canal by the Commissioners and Engineer appointed on the part of the State, under the provisions of an act entitled, "An Act to Provide for the Construction of a Ship Canal around the Falls of St. Mary," approved February 5, 1853, together with any other property belonging to said Canal, shall, on the completion and acceptance of said Canal, be delivered free of charge to said Superintendent of said Canal.

1853, p. 48.

Nothing in this to be construed as


(2584.) SEC. 7. Nothing in this act contained shall be taken acceptance of for construed to be an acceptance by the State of the work, or an acknowledgment or admission that the said Canal has been completed, or that the work done has been done in accordance with the terms of the contract for the construction of said Canal.

This act shall take effect immediately.

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CHAPTER LXXXV. Of the Nature and Qualities of Estates in Real Property and the Aliena

tion thereof.

CHAPTER LXXXVI. Of Uses and Trusts.


CHAPTER LXXXVIII. Of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages.

CHAPTER LXXXIX. Of Estates in Dower, and by the Curtesy.

CHAPTER XC. General Provisions concerning Real Estate.

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2597. Vested and contingent future Estates.


2598. Void future Estates; Suspending powers of alienation.

2599. How long powers of alienation may be suspended.

2600. Contingent remainder in fee.

2601. Limitation of successive Estates for life. 2602. Remainder upon certain Estates for life. 2603. When remainder to take effect in certain cases.

2004. Contingent remainder on a term for years.

2605. Remainder of Estates for life.

2606. Meaning of "heirs" and "issue" in certain remainders.

2607. Limitations on Chattels Real.

2608. Remainders, how created.

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R. S of N. Y.,
Art. 1, Title 2,
Chap. 1, Part 2.

Enumeration of
Estates in Land.

What Estate a fee simple.

Estates tail abol

ished; their nature declared.

Code of 1×20, 393.

Chapter Sixty-Two of Revised Statutes of 1846.

(2585.) SECTION 1. Estates in lands are divided into estates of inheritance, estates for life, estates for years, and estates at will and by sufferance.

(2586.) SEC. 2. Every estate of inheritance shall continue to be termed a fee simple, or fee; and every such estate, when not defeasable or conditional, shall be a fee simple absolute, or an absolute fee.

(2587.) SEC. 3. All estates tail are abolished, and every estate which would be adjudged a fee tail, according to the Laws of the Rev. of 1827, 261. Territory of Michigan, as it existed before the second day of March, one thousand eight hundred and twenty-one, shall for all purposes be adjudged a fee simple; and if no valid remainder be limited thereon, shall be a fee simple absolute.

Certain remain. ders valid.

Chattels Real;

(2588.) SEC. 4. When a remainder in fee shall be limited upon any estate which would be adjudged a fee tail according to the law of the Territory of Michigan, as it existed previous to the time mentioned in the preceding section, such remainder shall be valid as a contingent limitation upon a fee, and shall vest in possession, on the death of the first taker, without issue living at the time of such death.

(2589.) SEC. 5. Estates of inheritance and for life shall be Chattel Interests, denominated estates of freehold; estates for years shall be denominated chattels real; and estates at will or by sufferance shall be chattel interests, but shall not be liable as such to sale on executions.

Estates for life of third persons,

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(2590.) SEc. 6. An estate for the life of a third person, when Freehold, whether limited to heirs or otherwise, shall be deemed a freehold only during the life of the grantee or devisee, but after his death it shall be deemed a chattel real.

Estates in poses

(2591.) SEC. 7. Estates, as respects the time of their enjoy

ment, are divided into estates in possession, and estates in s'on and in exexpectancy.


those Estates.

(2592.) SEC. 8. An estate in possession, is where the owner Definition of has an immediate right to the possession of the land; an estate in expectancy, is where the right to the possession is postponed to a future period.

(2593.) SEC. 9. Estates in expectancy are divided into:

Enumeration of
Estates in expec-

1. Estates commencing at a future day, denominated future tancy. estates; and:

2. Reversions.

(2594.) Sec. 10. A future estate, is an estate limited to com- Future Estates mence in possession at a future day, either without the intervention of a precedent estate, or on the determination, by lapse of time or otherwise, of a precedent estate, created at the same time.


(2595.) SEC. 11. When a future estate is dependent upon a when they are precedent estate, it may be termed a remainder, and may be created and transferred by that name.

(2596.) SEC. 12. A reversion is the residue of an estate left Reversions. in the grantor or his heirs, or in the heirs of a testator, commencing in possession on the determination of a particular estate granted or devised.

(2597.) SEC. 13. Future estates are either vested or contin- vested and congent:

They are vested when there is a person in being who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate;

tingent future Estates.

Estates; Suspen

They are contingent whilst the person to whom, or the event upon which they are limited to take effect, remains uncertain. (2598.) SEC. 14. Every future estate shall be void in its void future creation, which shall suspend the absolute power of alienation ding powers of for a longer period than is prescribed in this chapter: Such 4 Paige, 342 power of alienation is suspended when there are no persons in being, by whom an absolute fee in possession can be conveyed.


of alienation may

(2599.) SEC. 15. The absolute power of alienation shall not How long power be suspended by any limitation or condition whatever, for a be suspended longer period than during the continuance of two lives in being at the creation of the estate, except in the single case mentioned in the next section.

mainder in fee.

(2600.) SEC. 16. A contingent remainder in fee may be contingent recreated on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited shall


successive Estates for life.


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.

Limitation of (2601.) SEC. 17. Successive estates for life shall not be limited, unless to persons in being at the creation thereof; and when a remainder shall be limited on more than two successive estates for life, all the life estates subsequent to those of the two persons first entitled thereto, shall be void, and upon the death of those persons, the remainder shall take effect, in the same manner as if no other life estate had been created,

Romainder upon certain Estates for life.

When remainder to take effect in certain cases.

Contingent remainder on a term for years.

Remainder of
Estates for life.


"heirs" and

(2602.) SEC. 18. No remainder shall be created upon an estate for the life of any other person or persons than the grantee or devisee of such estate, unless such remainder be in fee; nor shall any remainder be created upon such an estate in a term for years, unless it be for the whole residue of the term.

(2603.) SEC. 19. When a remainder shall be created upon any such life estate, and more than two persons shall be named as the persons during whose lives the estate shall continue, the remainder shall take effect upon the death of the two persons first named, in the same manner as if no other lives had been introduced.

(2604.) SEC. 20. A contingent remainder shall not be created on a term for years, unless the nature of the contingency which it is limited be such that the remainder must vest upon in interest, during the continuance of not more than two lives in being at the creation of such remainder, or upon the termination thereof.

(2605.) SEc. 21. No estate for life shall be limited as a remainder on a term of years, except to a person in being at the creation of such estatę.

(2606.) SEC. 22. When a remainder shall be limited to take issue" in cer- effect on the death of any person without heirs, or heirs of tain remainders. his body, or without issue, the words "heirs," or "issue," shall be construed to mean heirs or issue living at the death of the person named as ancestor.

2 Paige, 30.

Limitations on
Chattels Real.

(2607.) SEC. 23. All the provisions in this chapter contained relative to future estates, shall be construed to apply to limitations of chattels real, as well as of freehold estates, so that the absolute ownership of a term of years shall not be suspended for a longer period than the absolute power of alienation can be suspended, in respect to a fee.

(2608.) SEC. 24. Subject to the rules established in the

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