Contingent remainder

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

Remainder

of estates for life.

Meaning of

"heirs and "isBue" in certain

remainders.

Limitations on chattels real.

Remainders, future

gent es

tates, how created.

180. No estate for life can be limited as a remainder on a term of years, except to a person in being at the creation of such estate.

181. Where a remainder is limited to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, such words must be construed to mean successors or issue living at the death of the person named as ancestor.

§ 182. The provisions of this title relative to future estates, apply to limitations of chattels real, as well as of freehold estates, so that the absolute ownership of a term of years cannot be suspended for a longer period than the absolute power of alienation can be suspended in respect to a fee.

§ 183. Subject to the preceding rules of this title, a and contin- freehold estate, as well as a chattel real, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or chattel real, either contingent or vested, may be created, expectant on the determination of a term of years; and a fee may be limited on a fee, upon a contingency, which if it should occur, must happen within the period prescribed in this title.

Two or

more future estates

Certain

future es

tates not

to be void.

§ 184. Two or more future estates may also be created to take effect in the alternative, so that if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly.

§ 185. A future estate is not void merely on the ground of the probability or improbability of the contingency on which it is limited to take effect.

upon a con

tingency.

$186. A remainder may be limited on a contingency Remainder which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation.

187. Where a remainder is limited to the heirs, or heirs of the body, or in equivalent words, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the successors or heirs of the body of such tenant for life, are entitled to take as purchasers by virtue of the remainder so limited to them.

§ 188. When a remainder, on an estate for life or for years, is not limited on a contingency defeating or avoiding such precedent estate, it must be construed as intended to take effect only on the death of the first taker, or the expiration, by lapse of time, of such term of years.

§ 189. When a future estate is limited to successors, heirs, issue or children, posthumous children are entitled to take, in the same manner as if living at the death of their parent.

Heirs of a life, when purchasers.

tenant for

to take as

Constructain re

tion of cer

mainders.

Posthu dren.

mous chil

§ 190. A future estate depending on the contingency of 1. the death of any person without successors, heirs, issue, or children, is defeated by the birth of a posthumous child of such person, capable of taking by succession.

§ 191. No expectant estate can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent estate, nor by any destruction of such precedent estate by disseizin, forfeiture, surrender, merger or otherwise.

This section does not prevent an expectant estate from being defeated in any manner, or by any act or means, which the party creating such estate, in the creation thereof provided for or authorized; nor is an expectant estate thus liable to be defeated, to be on that ground adjudged void in its creation.

192. No remainder, valid in its creation, is defeated by the determination of the precedent estate before the happening of the contingency on which the remainder is limited to take effect; but should such contingency after

Expectant to be de

estates not

feated, &c.

Remainders defeated in

not to be

certain

cases.

Qualities of expectant estates.

Future profits of real pro

perty.

Accumula

tion of pro

wards happen, the remainder takes effect in the same manner and to the same extent as if the precedent estate had continued to the same period.

§ 193. Expectant estates pass by succession, devise and transfer in the same manner as estates in possession.

§ 194. Dispositions of the rents and profits of real property to accrue and be received at any time subsequent to the execution of the instrument creating such disposition, are governed by the rules of this title in relation to future

estates.

§ 195. An accumulation of rents and profits of real fits of real property, for the benefit of one or more persons, may be directed by any will or grant, sufficient to pass real property, as follows:

property.

Other directions, when

1. If such accumulation is directed to commence on the creation of the estate out of which the rents and profits are to arise, it must be made for the benefit of one or more minors then in being, and terminate at the expiration of their minority;

2. If such accumulation is directed to commence at any time subsequent to the creation of the estate out of which the rents and profits are to arise, it must commence within the time in this title permitted for the vesting of future estates, and during the minority of the persons for whose benefit it is directed, and terminate at the expiration of such minority.

196. If in either of the cases mentioned in the last void in part. section, the direction for such accumulation is for a longer term than during the minority of the persons intended to be benefited thereby, it is void as respects the time beyond such minority. And all directions for the accumulation of the rents and profits of real property, except such as are herein allowed, are void.

When

wholly void.

In certain cases who entitled to profits of real pro

perty.

§ 197. When in consequence of a valid limitation of an expectant estate, there is a suspense of the power of alienation or of the ownership, during the continuation of which the rents and profits are undisposed of, and no valid direc

tion for their accumulation is given, such rents and profits belong to the persons presumptively entitled to the next eventual estate.

estates,

deemed

§ 198. The delivery of the grant, where an expectant Expectant estate is created by grant, and the death of the testator, when where it is created by devise, is to be deemed the time created. of the creation of the estate.

§ 199. Expectant estates, except such as are enumerated Certain and defined in this title, are abolished.

§ 200. Estates in respect to the number and connection of their owners, are either in severalty, in joint tenancy, or in common:

1. An estate in severalty is one which is held by the tenant in his own right only, without any other being connected with him in point of interest, during the continuance of his estate;

2. An estate in joint tenancy is one which is held by several tenants, by a joint title created expressly by one and the same transfer or will, and in equal shares;

3. An estate in common is one which is held by several tenants, by distinct titles, but by unity of possession.

Substituted for 1 R. S., 726, § 43.

§ 201. Every estate granted or devised to two or more persons, in their own right, is a tenancy in common, unless expressly declared to be in joint tenancy; but every estate vested in executors or trustees, as such, is to be held by them in joint tenancy.

expectant estates abolished.

Estates in joint ten

severalty,

ancy and in common.

What to be what in

in common;

joint-ten

ancy.

Rights of tenant for life.

Rights of tenant for years, &c.

Id.

Tenancy at will may be

by notice.

TITLE III.

RIGHTS AND LIABILITIES OF TENANTS.

SECTION 202. Rights of tenant for life.

203, 204. Rights of tenants for years, &c.

205. Tenancy at will may be terminated by notice.

206. How served.

207. Tenant must yield possession after giving notice.

208. Liability of tenants, &c., holding over after notice to

quit.

209. Liability of guardians, &c., holding over after their estates

have ceased.

210. Reëntry, when and how to be made.

211. Rights of grantees of rents and reversion.

212. Rights of lessees and their assignees, &c.

213. Remedy on leases for life.

214. Rent dependent on life.

215. Tenant must deliver notice served on him.

216. Remedies of reversioners, &c.

§ 202. The owner of a life-estate may use the land in the same manner as the owner of a fee simple, except that he must keep the buildings and fences in repair, from ordinary waste, pay the taxes and other annual charges, and do no act to the injury of the inheritance.

§ 203. The rights which belong to the owner of a less estate depend upon the terms of the instrument by which it is created, except as herein provided.

§ 204. A tenant for years or at will, unless he is a wrong-doer by holding over, may occupy the buildings and take the annual products of the soil, and may harvest the crops growing at the end of his tenancy. But he has no other rights unless they are given by the instrument by which his tenancy is acquired.

$ 205. A tenancy at will, however created, may be terterminated minated by the landlord's giving one month's notice in writing to the tenant, requiring him to remove therefrom; and at the expiration of the month the landlord may re