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When Powers ir. revocable.
instrument containing the power shall be recorded; but as against all other persons, the power shall be a lien from the time the instrument in which it is contained shall take effect.
(2693.) Sec. 36. Every power, beneficial or in trust, is irrevocable, unless an authority to revoke it is reserved or
granted in the instrument creating the power. In whom Powers
(2694.) Sec. 37. A power may be vested in any person may be Vested,
capable in law of holding lands, but cannot be executed by any person not capable of aliening lands holden by such person, except in the single case mentioned in the next section.
(2695.) SEC. 38. A married woman may execute a power during her marriage, by grant or devise, as may be authorized by the power, without the concurrence of her husband, unless by the terms of the power, its execution by her during marriage is expressly or impliedly prohibited; but no power vested in a married woman during her infancy, can be
exercised by her, until she attains her full age. Execution of Pow. (2696.) SEC. 39. When a power is vested in several persons, er by Survivors. 2 Paige, 197. all must unite in its execution; but if previous to such
execution, one or more of such persons shall die, the power
may be executed by the survivor or survivors. How executed. (2697.) Sec. 40. No power can be executed except by some
instrument in writing, which would be sufficient in law to pass the estate or interest intended to pass under the power, if the
person executing the power were the actual owner. Instruments
(2698.) Sec. 41. Every instrument, except a will, made in execution of a power, whether it be a power of revocation or otherwise, shall be deemed a conveyance within the meaning, and subject to the provisions of the next succeeding chapter.
(2699.) SEC. 42. When a power of disposition is confined to Power to dispose by devise. a disposition by devise or will, the instrument must be a will
duly executed according to the provisions of law relating to wills of real and personal estate.
(2700.) SEC. 43. When a power is confined to a disposition Power to dispose by grant. by grant, it cannot be executed by will, although the
disposition is not intended to take effect until after the death
of the party in whom the pɔwer is vested. How grant to be (2701.) Sec. 44. If a married woman execute a power by acknowledged by Married Women. grant, such grant shall be acknowledged by her on a private
examination in the manner prescribed in the next succeeding chapter, in relation to conveyances by married women, and shall not be valid unless so acknowledged.
deemed convey. ances.
(2702.) Sec. 45. When the grantor of a power shall have Directions by directed or authorized it to be executed by an instrument not sufficient to pass the estate, such power shall not be void, but its execution shall be governed by the rules prescribed in this chapter.
(2703.) Sec. 46. When the grantor shall have directed any Ibid. formalties to be used in the execụtion of a power, in addition to those which would be sufficient by law to pass the estate, the observance of such additional formalities shall not be necessary to a valid execution of the power.
(2704.) Sec. 47. When the conditions annexed to a power Nominal condi. are merely nominal, and evince no intention of actual benefit to the party to whom, or in whose favor they are to be performed, they may be wholly disregarded in the execution of
(2705.) Sec. 48. With the exceptions contained in the pre- When directions
of grantor to be ceding sections, the intentions of the grantor of a power, as to obarved. the mode, time and conditions of its execution, shall be observed, subject to the power of a Court of Chancery to supply a defective execution, in the cases hereinafter provided.
(2706.) Sec. 49. When the consent of a third person to the consent of third execution of the power is requisite, such consent shall be tion of Power. expressed in the instrument by which the power is executed, or shall be certified in writing thereon; and in the first case, the instrument of execution, in the second, the certificate, shall be signed by the party whose consent is required ; and to entitle the instrument to be recorded, such signature must be duly proved or acknowledged, in the same manner as if subscribed to a conveyance of lands.
(2707.) Sec. 50. No disposition, by virtue of a power, shall certain disposi be void in law or equity, on the ground that it is more extensive than was authorized by the power; but every estate or interest so created, so far as embraced by the terms of the power, shall be good and valid.
(2708.) Sec. 51. Every instrument executed by the grantee omission to recite of a power, conveying an estate, or creating a charge which such grantee is authorized by the power to convey or create, but which he would have no right to convey or create, unless by virtue of his power, shall be deemed a valid execution of the power, although such power be not recited or referred to therein.
(2709.) Sec. 52. Instruments in execution of a power are Fraud
tio is not void.
to be advanceInents.
timo of suspen Rion.
Who may not tako under PowOrn.
affected by fraud, both in law and equity, in the same manner
as conveyances by owners or Trustees. Power to devise, (2710.) Sec. 53. Lands embraced in a power to devise, shall
pass by a will, purporting to convey all the real property of the testator, unless the intent that the will shall not operate as an execution of the power, shall appear expressly, or by
necessary implication. Certain Estates
(2711.) Sec. 54. Every estate or interest given by a parent to a descendant by virtue of a beneficial power, or of a power in trust with a right of selection, shall be deemed an advancement to such descendant, to the same extent, and under the same circumstances that a gift of real or personal estate would
be deemed an advancement. Computation of (2712.) Sec. 55. The period during which the absolue right
of alienation may be suspended by any instrument in execution of a power, shall be computed from the time of the creation of the power, and not from the date of such instrument.
(2713.) Sec. 56. No estate or interest can be given or limited to any person, by an instrument in execution of a power, which such person would not have been capable of taking, under the
instrument by which the power was granted. Married Women, (2714.) Sec. 57. When a married woman, entitled to an
estate in fee, shall be authorized by a power to dispose of such estate during her marriage, she may, by virtue of such power, create any estate which she might create if unmarried.
(2715.) Sec. 58. When the execution of a power in trust shall be defective, in whole or in part, under the provisions of this chapter, its proper execution may be decreed in equity, in favor of the persons designated as the objects of the trust.
(2716.) Sec. 59. Purchasers for a valuable consideration, claiming under a defective execution of any power, shall be entitled to the same relief in equity, as similar purchasers
claiming under a defective conveyance from an actual owner. Powerg to sell on Mortgages
(2717.) Sec. 60. When a power to sell lands shall be given to the grantee, in any mortgage or other conveyance intended to secure the payment of money, the power shall be deemed a part of the security, and shall vest in, and may be executed by any person, who, by assignment or otherwise, shall become
entitled to the money so secured to be paid. Application of
(2718.) Sec. 61. The provisions of this chapter shall not this chapter.
extend to a simple power of Attorney, to convey lands in the name, and for the benefit of the owner.
their authority, etc.
(2719.) Sec. 62. The term "grantor of a power," is used in terms “grantor this chapter as designating the person by whom a power is grantee of a created, whether by grant or devise; and the term "grantee of a power," is used as designating the person in whom a power is vested, whether by grant, devise, or reservation.
OF ALIENATION BY DEED, AND THE PROOF AND RECORDING
OF CONVEYANCES, AND THE CANCELING OF MORTGAGES.
acknocledged. 2731. Acknesledgment by Married Woman re
siding in this State. 232. Coereyagee by Married Woman residing
out of this state. 2733. Proof of execution, etc. 34. In case of death of subscribing witnesses. 2735, 9736. Proceedings on refusal of Grantor
residing in this State, to acknowledge
Deed. 3:37. When execution may be proved before
Court of Record in case of death, etc. 5733. Subpænas for witnesses. 932. Punishment for refusing to appear, or to
ansver, etc. 240. Filing eops of Deed with Register, etc.,
effect. 2741. When effect of filing to continue. 3742. Certifieate to entitle Deed to be recorded. 2743. Entry books of Deeds and Mortgages to be
kept by Register.
against subsequent purchasers.
instruments as evidence.
in this Chapter.
used in this Chapter.
of Attorney, etc.
cording to Law in force.
to cause records of Deeds, etc., of Lands
of County to which it was attached.
Chapter Sixty-Five of the Revised Statutes of 1846.
3 Pick, 521.
Form of Deed.
Conveyance of (2720.) Section 1. Conveyances of lands, or of any estate Land may be made by Deed.
or interest therein, may be made by deed, signed and sealed 1840, p. 166. 3. Mich. Rep.: 390 by the person from whom the estate or interest is intended to 15 III. ,
pass, being of lawful age, or by his lawful agent or Attorney, and acknowledged or proved and recorded as directed in this
chapter, without any other act or ceremony whatever. Conveyance by husband and
(2721.) SEC. 2. A husband and wife may, by their joint deed, Mass., 19, 291. convey the real estate of the wife, in like manner as she might 4 Mason, 45.
do by her separate deed, if she were unmarried; but the wife shall not be bound by any covenant contained in such joint deed.
(2722.) SEC. 3. A deed of quit claim and release, of the 8 Pick., 143.
form in common use, shall be sufficient to pass all the estate which the grantor could lawfully convey by a deed of bargain
and sale. permet af coitain (2723.) Sec. 4. A conveyance made by a tenant for life or Conveyances.
years, purporting to grant a greater estate than he possessed or could lawfully convey, shall not work a forfeiture of his estate, but shall pass to the grantee all the estate which such tenant could lawfully convey.
(2724.) Sec. 5. No covenant shall be implied in any convey2 Barb. Ch. R., ance of real estate, whether such conveyance contain special
covenants or not.
(2725.) Sec. 6. No mortgage shall be construed as implying a covenant for the payment of the sum thereby intended to be secured; and where there shall be no express covenant for such payment contained in the mortgage, and no bond or other separate instrument to secure such payment shall have been given, the remedies of the mortgagee shall be confined to the
lands mentioned in the mortgage. Conveyanceola (2726.) Sec. 7. No grant or conveyance of lands, or interest Poscammon, 67. therein, shall be void for the reason that at the time of the
execution thereof such lands shall be in the actual possession
of another claiming adversely. Execution and
(2727.) SEC. 8. Deeds executed within this State, of lands, acknowledgment
or any interest in lands therein, shall be executed in the pres
ence of two witnesses, who shall subscribe their names to the 3 Mich. Rep ,581. same as such, and the persons executing such deeds may 22 Metcal, 117. acknowledge the execution thereof before any Judge or Com
missioner of a Court of Record, or before any Notary Public,
Covenants in Con-