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In Indiana, the revised statutes, section 3328, provide: "The marriage of a woman with an alien, and her residence in a foreign country, shall not bar her right to hold, convey, devise or pass by descent lands which may have come to her by descent or purchase."

In Missouri, section 343 of the revised statutes provides that "A woman born in the United States, married to an alien, and residing in a foreign country, may convey or devise real property within the state."

Article 19 of the Code Napoleon provides that "A French woman who marries an alien follows the nationality of her husband, unless her marriage does not confer his nationality upon her, and in that event she remains French."]

§ 7. Title through alien.-The right, title or interest in or to real property in this state of any person entitled to hold the same can not be questioned or impeached by reason of the alienage of any person through whom such title may have been derived. Nothing in this section affects or impairs the right of any heir, devisee, mortgagee, or creditor by judgment or otherwise.

[R. S., 2419, pt. II, ch. 1. tit. I, § 9,
Id., 2422; L. 1802, ch. 49, § 3,
Id., 2423; L. 1807, ch. 123, § 2,
Id., 2427; L. 1845, ch. 115, § 9,
Id., 2427; L. 1857, ch. 576, § 1,
Id., 2428; L. 1868, ch. 513, § 1,
Id., 2428; L. 1872, ch. 141, §§ 1-3,
Id., 2428; L. 1872, ch. 358, § 1,
Id., 2429; L. 1875, ch. 336, §§ 1-2,
Id., 2429; L. 1877, ch. 111, §§ 1, 2,
unchanged in substance.]

§ 8. Liabilities of alien holders of real property.- Every alien holding real property in this state is subject to duties, assessments, taxes and burdens as if he were a citizen of the state.

[R. S., pt. II, ch. 1, tit. I, § 20,

Id., 2447; L. 1845, ch. 115, § 12,

with the following change:

The words "but shall not be elected to any office or serve on any jury," are omitted as unnecessary.

The code of civil procedure, § 1027, prescribes the qualifications of trial jurors, and the revised statutes, pt. IV, ch. 2, § 3, p. 720, prescribes the qualifications of persons who may be placed on the grand jury lists. Public officers law, § 3, prescribes the qualifications for holding office.]

§ 9. Heirs of patriotic Indian.-The heirs of an Indian to whom real property was granted for military services rendered during the war of the revolution may take and hold such real property by descent as if they were citizens of the state at the time of the death of their ancestors. A conveyance of such real property to a citizen of this state, executed by such Indian or his heirs after March seventh, eighteen hundred and nine, is valid, if executed with the approval of the surveyor-general or state engineer and surveyor, indorsed thereupon.

[R. S., 2420, pt. II, ch. 1, tit. I, § 13,
unchanged in substance.]

ARTICLE II.

Creation and Division of Estates.

Section 20. Enumeration of estates.

21. Estate in fee simple and fee simple absolute.

22. Estates tail abolished; remainders thereon.

23. Freeholds; chattels real; chattel interests.

24. When estate for life of third person is freehold; when chattel real.

25. Estates in possession and expectancy.

26. Enumeration of estates in expectancy.

27. Definition of future estates.

28. Definition of remainder.

29. Definition of reversion.

Section. 30. When future estates are vested; when contingent. 31. Power of appointment not to prevent vesting.

32. Suspension of power of alienation.

33. Limitation of successive estates for life.

34. Remainders on estates for life of third person.

35. When remainder to take effect if estate be for lives

of more than two persons.

36. Contingent remainder on term of years.

37. Estate for life as remainder on term of years.
38. Meaning of heirs and issue in certain remainders.

39. Limitations of chattels real.

40. Creation of future and contingent estates.

41. Future estates in the alternative.

42. Future estates valid though contingency improbable. 43. Conditional limitations.

44. When heirs of life tenants take as purchasers.

45. When remainder not limited on contingency defeating precedent estate takes effect.

46. Posthumous children.

47. When expectant estates are defeated.

48. Effect on valid remainders of determination of prece

dent estate before contingency.

.49. Qualities of expectant estates.

50. Dispositions of rents and profits.

51. Accumulations.

52. Anticipation of directed accumulation.

53. Undisposed of profits.

54. When expectant estates are deemed created.

55. Estates in severalty, joint tenancy and in common. 56. When estate in common; when in joint tenancy.

Section 20. Enumeration of estates.-Estates in real property are divided into estates of inheritance, estates for life, estates for years, estates at will, and by sufferance.

[R. S., 2430, pt. II, ch. 1, tit. II, § 1,

unchanged in substance.]

§ 21. Estates in fee simple and fee simple absolute.-An estate of inheritance continues to be termed a fee simple, or fee, and, when not defeasible or conditional, a fee simple absolute, or an absolute fee.

[R. S., 2431, pt. II, ch. 1, tit. II, § 2,

unchanged in substance.]

§ 22. Estates tail abolished; remainders thereon.— Estates tail have been abolished; and every estate which would be adjudged a fee tail, according to the law of this state, as it existed before the twelfth day of July, seventeen hundred and eightytwo, shall be deemed a fee simple; and if no valid remainder be limited thereon, a fee simple absolute. Where a remainder in fee shall be limited on any estate which would be a fee tail, according to the law of this state, as it existed previous to such date, such remainder shall be valid, as a contingent limitation on a fee, and shall vest in possession on the death of the first taker, without issue living at the time of such death.

[R. S., 2431, pt. II, ch. 1, tit. II, §§ 3, 4,
unchanged in substance.]

§ 23. Freeholds; chattels real; chattel interests.- Estates of inheritance and for life, shall continue to be termed estates of freehold; estates for years are chattels real; and estates at will or by sufferance, continue to be chattel interests, but not liable as such to sale on execution.

[R. S., 2431, pt. II, ch. 1, tit. II, § 5,

unchanged in substance.]

§ 24. When estate for life of third person is freehold, when chattel real.-An estate for the life of a third person, whether limited to heirs or otherwise, shall be deemed a freehold only during the life of the grantee or devisee; after his death it shall be deemed a chattel real.

[R. S., 2431, pt. II, ch. 1, tit. II, § 6,
unchanged in substance.]

§ 25. Estates in possession and expectancy.- Estates, as respects the time of their enjoyment, are divided into estates in possession, and estates in expectancy. An estate which entitles the owner to immediate possession of the property, is an estate in possession. An estate, in which the right of possession is postponed to a future time, is an estate in expectancy.

[R. S., 2431, pt. II, ch. 1, tit. II, §§ 7, 8,
unchanged in substance.]

§ 26. Enumeration of estates in expectancy.-All expectant estates, except such as are enumerated and defined in this article, have been abolished. Estates in expectancy are divided into, 1. Future estates: and

2. Reversions.

[R. S., 2431, pt. II, ch. 1, tit. II, § 9,
Id., 2435, pt. II, ch. 1, tit. II, § 42,
unchanged in substance.]

§ 27. Definition of future estates.-A future estate, is an estate limited to commence in possession at a future day, either without the intervention of a precedent estate, or on the determination, by lapse of time or otherwise, of a precedent estate created at the same time.

[R. S., 2431, pt. II, ch. 1, tit. I1, § 10,
unchanged in substance.]

§ 28. Definition, remainder.-Where a future estate is dependent on a precedent estate, it may be termed a remainder, and may be created and transferred by that name.

[R. S., 2431, pt. II, ch. 1, tit. II, § 11,
unchanged in substance.]

§ 29. Definition, reversion.-A reversion is the residue of an estate left in the grantor or his heirs, or in the heirs of a testator, commencing in possession on the determination of a particular estate granted or devised.

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