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" Every estate granted or devised to two or more persons In their own right, shall be a tenancy In common, unless expressly declared to be In joint tenancy; but every estate vested In executors or trustees as such, shall be held by them in joint tenancy. "
A Treatise on the Law of Real Estate: And of the Mode of Alienation Thereof ... - Page 409
by John Willard - 1861 - 710 pages
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 1

New York (State) - Law - 1829 - 826 pages
...this Chapter. in cwuintou. S 44. Every estate granted or devised to two or more persons, in A*T. a their own right, shall be a tenancy in common, unless...such, shall be held by them in joint tenancy. This section shall apply as well to estates already created or vested, as to estates hereafter to be granted...
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Commentaries on American Law, Volume 4

James Kent - 1826-1830 - 1830 - 556 pages
...The New- York Revised Statutes* have re-enacted the provision, and with the further declaration, that every estate, vested in executors or trustees, as such, shall be held in joint tenancy. The doctrine of survivorship incident to joint n Preston on Abstracti, vol. ii. 65....
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Commentaries on Colonial and Foreign Laws: Generally, and in Their ..., Volume 2

William Burge - Comparative law - 1838 - 910 pages
...joint-tenancy. The New York Revised Statutes, (e?) in re-enacting the provision, have further enacted, that every estate vested in executors or trustees, as such, shall be held in joint-tenancy. The doctrine of survivorship incident to joint-tenancy (excepting estates held in...
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Reports of Cases Argued and Determined in the Court of Chancery of ..., Volume 1

New York (State). Court of Chancery, Oliver Lorenzo Barbour - Equity - 1847 - 768 pages
...trust estate, the same result is produced ; by the section of the revised statutes which declares that every estate vested in executors or trustees, as such, shall be held by them in joint tenancy. i6 18. In the one case, the statute gives the whole power in trust to sell to the survivor, so as to...
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Commentaries on American Law, Volume 4

James Kent - Law - 1848 - 798 pages
...Rep. 378. ' Lake r. Craddook, 3 P. Wms. 158. • Vol. i. 727, ser. 41. the further declaration, that every estate vested in executors or trustees, as such, shall be held in joint tenancy. The doctrine of survivorship incident to joint tenancy, (excepting, I presume, estates...
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A Compendium of the Law and Practice of Vendors and Purchasers of Real Estate

Joseph Henry Dart - Real property - 1851 - 1234 pages
...deed or will creating it, to pass in joint tenancy. The New York Revised Statutes further declare that every estate vested in executors or trustees, as such, shall be held in joint tenancy. In Massachusetts, Vermont, and Pennsylvania, an exception is made, in regard to trustees...
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The Revised Statutes of New Brunswick, Volume 1

New Brunswick - Law - 1854 - 608 pages
...estates, how affected, joint tenancies. 1. Every estate hereafter to be created, granted, or derised to two or more persons in their own right, shall be...tenancy in common, unless expressly declared to be a joint tenancy ; but every estate vested in Trustees, or executors as such, shall be held by them...
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Reports of Cases Argued and Determined in the Surrogate's Court of ..., Volume 4

Alexander Warfield Bradford, New York (State). Surrogate's Court (New York County) - Law reports, digests, etc - 1857 - 570 pages
...; Roper on Legacies, 1360; 2 Jarman on Wills, 157.) It is provided by the Revised Statutes, that " every estate granted or devised to two or more persons...unless expressly declared to be in joint tenancy," (1 HS, p. 727, § 44), but this provision relates to real estate, and not to personal. I must consider...
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A Law Dictionary and Glossary: Containing Full Definitions of the ..., Volume 1

Alexander Mansfield Burrill - Dictionaries, Law - 1859 - 736 pages
...Chitbfs Bl. Com. 180, note. See 4 Kenfs Com. 357. 2 ffreenl. Cruise's Dig. 352, note. In New- York, every estate, granted or devised to two or more persons in their own right, has been declared to be a tenancy in common, unless expressly declared to he in joint tenancy; but...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 16

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1862 - 622 pages
...section shall not apply to mortgages, nor to conveyances in trust, nor when made to husband and wife; and every estate vested in executors, or trustees as such, shall be held by them in joint tenancy." We think it does not manifestly appear from the tenor of the will in question that it was intended...
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