mainders S221. Where a remainder in fee is limited upon Certain reany estate, which would by the law mentioned in the valid. last section be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession, on the death of the first taker, without issue living at the time of his death. 1 R. S., 722, § 4. $222. Estates of inheritance and for life, are called estates of freehold; estates for years are chattels real; and estates at will are chattel interests, but are not liable as such to sale on execution.2 1 R. S., 722, § 5. 1 Pugsley v. Aikin, 11 N. Y., 498; Averill. Taylor, 8 N. . Dickinson v. Smith, 25 Barb., 108; Bigelow v. Finch, 11 Freeholds; real; chat chattels tel interests. life of a third per $223. An estate during the life of a third person, Estates for whether limited to heirs or otherwise, is a freehold only during the life of the grantee or devisee. After a freehold, his death it is a chattel real. 1 R. S., 722, § 6. Mosher v. Yost, 33 Barb., 277. son, when &c. estates, S224. A future estate may be limited' by the act Future of the party to commence in possession at a future what. day, 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. 3 1 R. S.. 723. § 10. 'Nicoll v. N. Y. & Erie R. R., 12 N. Y., 121, 139. "The "Introduced to embrace estates in futuro, as they are "The words 'by lapse of time or otherwise' are neces- Reversions. Remain ders. Limitations of chattels real. Suspension by trust. Contingent remainder in fee. $ 225. 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. 1 R. S., 723, § 12. The words "by operation of law" 66 are new, and successors "substituted for "heirs." S 226. 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. 1 R. S., 723, § 11. Modified by inserting the words "other than a reversion." § 227. 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. 1 R. S., 724, § 23. S228. 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 section 201. This section, though not in the Revised Statutes, is simply declaratory of the existing law (Hawley v. James, 16 Wend., 163; Belmont v. O'Brien, 12 N. Y., 402; Williams v. Williams, 8 id., 531.) $229. A contingent remainder in fee may be created 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. $230. Subject to the rules of this Title, and of Part I of this Division, a 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. 1 R. S., 724, § 24. Maurice v. Graham, 8 Paige, 483, S231. Successive estates for life cannot be limited, except to persons in being at the creation thereof; and where a remainder is limited on more than two successive estates for life, all the life estates subsequent to those of the two persons first entitled thereto are void, and upon the death of those persons the remainder, if valid in its creation,' takes effect in the same manner as if no other life estates had been created. 1 R. S., 723, § 17. 1 The words "if valid in its creation" are new. See upon es life of third person. S232. No remainder can be created upon an estate Remainder for the life of any other person than the grantee or tates for devisee of such estate, unless such remainder is in fee; nor can a remainder be created upon such an estate in a term for years, unless it is for the whole residue of such term. 1 R S., 734, § 18. $233. When a remainder is created upon an estate a for the life of any other person than the grantee or Contingent remainder on a term of years. Remainder of estates for life. Remainder upon a contíngency, Heirs of a tenant for life, when to take as purchasers. Construc tion of cer tain remainders. devisee thereof, and more than two persons are named as the persons during whose lives the life estate shall continue, the remainder, if valid in its creation, takes effect upon the death of the two persons first named, in the same manner as if no other lives had been introduced. The words "if valid in its creation" are new. Otherwise, the section is the same as 1 R. S., 724, § 19. $234. A contingent remainder cannot be created on a 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. 1 R. S., 724, § 20. 'Butler v. Butler, 3 Barb. Ch., 304. $ 235. 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. 1 R. S., 724, § 21. Hawley v. James, 16 Wend., 248. S236. 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. 1 R. S., 725, § 27; Tyson v. Blake, 22 N. Y., 563. $237. When a remainder is limited to the heirs, or heirs of the body, 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 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. 1 R. S., 725, § 28, modified so as to avoid the use of the technical phrase "take as purchasers." $238. 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. 1 R. S., 725, § 29. power of ment. $ 239. A general or special power of appointment Effect of does not prevent the vesting of a future estate appoint limited to take effect in case such power is not executed. Root v. Stuyvesant, 18 Wend., 268, per NELSON, Ch. J.; 2 Smith's Fearne, 193. This section is new. CHAPTER II. TERMINATION OF ESTATES. SECTION 240. Tenancy at will may be terminated by notice. 241. Form and service of notice. 242. Effect of notice. 243. Re-entry, when and how to be made. S240. A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice to the tenant, in the manner prescribed by the next section, to remove from the premises within a period specified in the notice, of not less than one month. 1 R. S., 745, § 7. Tenancy at terminated will may be by notice. service of S 241. The notice prescribed by the last section Form and must be in writing, and must be served by delivering notice. the same to the tenant, or to some person of discretion residing on the premises; or if neither can, with reasonable diligence, be found, the notice may be served by affixing it on a conspicuous part of the premises, where it may be conveniently read. 1 R. S., 745, § 8. notice. S242. After the notice prescribed by sections 240 Effect of and 241 has been served in the manner therein directed, and the period specified by such notice has |