Page:United States Statutes at Large Volume 31.djvu/1404

 1352 F1ETY-sixT11 CONGRESS. sm. 11. ou. sti. 1901. contingency which must happen, if at all, within the period herein prescribed. €Sg1gjj¤¤*i*‘° fume SEc. 1026. ALTEENATWE FUTURE ESTATES.-—TWO or more future estates 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 take effect accordingly. R€m”i“°‘“ °° mm- Sec. 1027. REMAINDER TO HEIRS.—lrVh€I‘G a remainder shall be limited to the heirs or heirs of the body of a person to whom a life estate in the same premises shall be given, the persons who, on the termination of the life estate, shall be the heirs or the heirs of the body of such tenant for life shall be entitled to take in fee simple as purchasers by virtue of the remainder so limited. d Posrhuuwus chil- Sec. 1028. POSTHUMOUS CHILDREN.—Wh€TB a future estate shall be rm limited to heirs, or issue, or children, posthumous children shall be entitled to take in the same manner as if living at the death of their parent; and a future estate depending on the contingency of the death of any person without heirs, or issue, or children shall be defeated by the birth of a posthumous child of such person. u(`f§g*§§d‘g€a§§g§°°S Sec. 1029. EXPECTANT ESTATES Nor TO BE DEEEATED.—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, except when such destruction is expressly provided for or authorized in the creation of such expectant estate; nor shall an expectant estate thus liable to be defeated be on that ground adjudged void in its creation. 8_,§;1§§*(j}“‘ °“’*‘° SEc. 1030. Ex1>EoTAxT ESTATE AL1ExABLE.——Expectant estates shall be descendible, devisable, and alienable in the same manner as estates in ossession. mggggygfgnintegjggj §Eo. 1031. TENANGTES IN oommox AND Join?—·TENANo1Es.-—Every cies. estate granted or devised to two or more persons in their own right, including estates granted or devised to husband and wife, shall be a tenancy in common, unless expressly declared to be a joint tenancy; but every estate vested in executors or trustees, as such, shall be a joint tenancy. Estates 50* Wm- Sec. 1032. ESTATES Eon YEARs.—An estate for a determinate period of time is an estate for years. ES°¤*€Sf’°m>'€8*“> Sec. 1033. ESTATES FROM YEAR TO YEAR.—AH estate expressed to YGBI'. be from year to year shall be good for one year only. alféicfates b>` S“‘*€’· SEo. 1034. ESTATES BY sUEEERANoE.—All estates which by construction of the courts were estates from year to year at common law, as where a tenant goes into possession and pays rent without an agreement for a term, or where a tenant for years, after the expiration of his term, continues in possession and pays rent and the like, and all verbal hirlings by the month or at any specified rate per month, shall be deemed estates by suiferance. migjygfgfgn ***0****1 SEo. 1035. ESTATES FROM MONTH TO `MONTH, AND so FORTH.·—AD `estate may be from month to month or from quarter to quarter, or, as otherwise expressed, it may be by the month or by the quarter, if so ex ressed in writing. Es‘“‘“"°“'“’· gm:. 1036. ESTATES AT WILL.···AH estate atwill is one held by the joint will of lessor and lessee, and which may be terminated at any time, as herein elsewhere provided, by either party; and such estate P'°"”"· shall not exist or be created except by express contract: Pro/vz'cZeeZ, how- srunwr _<i¢€¤¤¤d tw- trust or execution, and a conveyance thereof to the purchaser, the aut at w1l1,etc. · _ _ _ .· grantor in such mortgage O1 deed of trust, execution defendant, or those in possession claiming under him, shall be held and construed to be tenants at will, except in the case of a tenant holding under an unexpired lease for years, in writing, antedating the mortgage or deed of trust.
 * f,§§,,‘?;,*f“g§c_,“f;,‘$‘;f ever, That in case of a sale of real estate under mortgage or deed of