Same.

Reversions.

Remainders.

Limitations of chattels real.

either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time.

NOTE.-See note to Sec. 741, ante. The definition in this section comprehends every species of expectant estates created by the act of the party; remainders strictly so called, future uses and executory devises. The words, with or without the intervention of precedent estate, embrace what are technically known as estates in futuro. The words "lapse of time or otherwise," provide for contingent limitations operating to abridge or defeat the prior estate.-Nicoll vs. N. Y. and Erie R. R., 12 N. Y. Rep., pp. 121, 139. Expectant estates, says Chancellor Walworth, "include every present right and interest, either vested or contingent, which may by possibility vest at a future day."-Lawrence vs. Bayard, 7 Paige, p. 76.

768. A reversion is the residue of an estate left by operation of law in the grantor or his successors, or in the successors of a testator, commencing in possession on the determination of a particular estate granted or devised.

769. When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that`

name.

Suspension by trust.

NOTE.-See notes to Sections 741 and 742, ante.

770. The provisions of Title II of Part I of this Division, 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.

771. The suspension of all power to alienate the subject of a trust, other than a power to exchange it for other property to be held upon the same trust, or to sell it and reinvest the proceeds to be held upon the same trust, is a suspension of the power of alienation, within the meaning of Sec. 715.

NOTE.-Hawley vs. James, 16 Wend., p. 163; Belmont vs. O'Brien, 12 N. Y., p. 402; Williams vs. Williams, 8 N. Y., p. 531.

remainder

in fee.

772. A contingent remainder in fee may be cre- Contingent ated on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited 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 majority.

NOTE.-Temple vs. Hawley, 1 Sandf. Ch., p. 153.

years,

ders, future

contingent

how

created.

773. Subject to the rules of this Title, and of Part RemainI of this Division, a freehold estate, as well as a chattel and real, may be created to commence at a future day; an estates, estate for life may be created in a term of 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.

Am

NOTE.-Maurice vs. Graham, 8 Paige, pp. 483, 486;
Sherman vs. Sherman, 3 Barb., p. 385.

of

estates for

774. Successive estates for life cannot be limited, Limitation except to persons in being at the creation thereof; and successive upon the death of those persons the remainder, if valid life. in its creation, takes effect in the same manner as if no other life estates had been created.

NOTE.-Amory vs. Lord, 9 N. Y., p. 419; Vail vs.
Vail, 7 Barb., p. 241.

775. No remainder can be created upon successive estates for life, unless such remainder is in fee; nor can a remainder be created upon such estates in a term for years, unless it is for the whole residue of such term.

Remainestates for person.

der upon

life of third

remainder

776. A contingent remainder cannot be created on Contingent a term of years, unless the nature of the contingency on a term on which it is limited is such that the remainder must

of years.

Remainder of

estates for life.

Remain

der upon a contin

goncy.

Heirs of a tenant for life, when to take as

vest in interest during the continuance or at the termination of lives in being at the creation of such remainder.

NOTE.-Butler vs. Butler, 3 Barb. Ch.,

p. 304. 777. 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.

NOTE.-Hawley vs. James, 16 Wend., p. 248.

778. A remainder may be limited on a contingency 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.

NOTE.-Tyson vs. Blake, 22 N. Y., p. 563.

779. When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in purchasers. the same property is given, the persons who, on the termination of the life estate, are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder so limited to them, and not as mere successors of the owner for life.

Construction of certain remainders.

Effect of power of appointment.

780.

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

781. A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed.

NOTE.-Root vs. Stuyvesant, 18 Wend., p. 268; 2 Smith's Fearne, p. 193.

CHAPTER II.

TERMINATION OF ESTATES.

SECTION 789. Tenancy at will may be terminated by notice. 790. Effect of notice.

791. Reëntry, when and how to be made.

792. Summary proceedings in certain cases provided for.
793. Notice not necessary before action.

789. A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the CODE OF CIVIL PROCEDURE, to remove from the premises within a period of not less than one month, to be specified in the notice.

Tenancy at terminated

will may be

by notice.

notice.

790. After such notice has been served, and the Effect of period specified by such notice has expired, but not before, the landlord may reënter, or proceed according to law to recover possession.

NOTE." But not before;" see Livingston vs. Tanner, 14 N. Y., p. 67.

791. Whenever the right of reëntry is given to a grantor or lessor in any grant or lease, or otherwise, such reëntry may be made at any time after the right has accrued, upon three days notice, as provided in Sections 1161 and 1162, CODE OF CIVIL PROCEDure.

Rentry, how to be

when and

made.

proceed

certain

792. Summary proceedings for obtaining posses- Summary sion of real property forcibly entered, or forcibly and unlawfully detained, are provided for in Sections 1159 to 1175, both inclusive, of the CODE OF CIVIL PROCE

DURE.

793. An action for the possession of real property leased or granted, with a right of reentry, may be maintained at any time, in the District Court, after the right to reënter has accrued, without the notice prescribed in Section 791.

ing in cases

provided for.

Notice not before

necessary

action.

Servitudes attached to land.

CHAPTER III.

SERVITUDES.

SECTION 801. Servitudes attached to land.

802. Servitudes not attached to land.

803. Designation of estates.

804. By whom grantable.

805. By whom held.

806. Extent of servitudes.

807. Apportioning easements.

808. Rights of owner of future estate.

809. Actions by owner and occupant of dominant tenement.

810. Actions by owner of servient tenement.

811. How extinguished.

801. The following land burdens, or servitudes

upon land, may be attached to other land as incidents or appurtenances, and are then called easements:

1. The right of pasture;

2. The right of fishing;

3. The right of taking game;

4. The right of way;

5. The right of taking water, wood, minerals, and other things;

6. The right of transacting business upon land; 7. The right of conducting lawful sports upon land; 8. The right of receiving air, light, or heat from or over, or discharging the same upon or over land;

9. The right of receiving water from or discharging the same upon land;

10. The right of flooding land;

11. The right of having water flow without diminution or disturbance of any kind;

12. The right of using a wall as a party wall; 13. The right of receiving more than natural support from adjacent land or things affixed thereto;

14. The right of having the whole of a division fence maintained by a coterminous owner;

15. The right of having public conveyances stopped, or of stopping the same on land;