Title 35 — Title 35

Where a remainder in real or personal property is limited to take effect on the death of any person without heirs, or heirs of his body, or without issue, the word “heirs” or “issue” must be construed to mean heirs or issue living at the death of the person named as ancestor. His…

All writings which import on their face to be under seal are to be taken as sealed instruments and have the same effect as if the seal of the parties was affixed thereto. History: (Code 1852, §1315; Code 1867, §1585; Code 1876, §2194; Code 1886, §1840; Code 1896, §1036; Code 1907…

Requirements. The acknowledgment provided for in this article operates as a compliance with the requisitions of section 35-4-20 upon the subject of witnesses. History: (Code 1852, §1267; Code 1867, §1536; Code 1876, §2146; Code 1886, §1790; Code 1896, §984; Code 1907, §3357; Code…

Where a remainder created by a deed or will is limited to the heirs, issue, 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 heirs, issue, or heirs of the body of such tenant for …

An estate during the life of a third person, whether limited to his heirs or otherwise, is a freehold only during the life of the grantee or devisee; but after his death it is a chattel real. History: (Code 1852, §1594; Code 1867, §1915; Code 1876, §2279; Code 1886, §1950; Code 1…

Estate. A conveyance made by a tenant for life or years, purporting to convey a greater interest than he possesses or can lawfully convey, does not work a forfeiture of his estate but passes to the grantee all the estate which the tenant could lawfully convey. History: (Code 1852…

Acknowledgments and proofs of conveyances may be taken by the following officers within this state: Judges of the Supreme Court, the Court of Civil Appeals, the Court of Criminal Appeals, circuit courts and district courts, and the clerks of such courts; registers of the circuit …

An acknowledgment or proof of any deed, mortgage, or other conveyance to or by a corporation, national banking association, building and loan association, savings and loan association, credit union, or limited liability company at any time taken by an officer authorized by law to…

No use, trust, or confidence can be declared of any land, or of any charge upon the same, for the mere benefit of third persons; and all assurances declaring any such use, trust, or confidence must be held and taken to vest the legal estate in the person or persons for whom the s…

Vest in Trustees. Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1852, §1307; Code 1867, §1577; Code 1876, §2186; Code 1886, §1832; Code 1896, §1028; Code 1907, §3409; Code 1923, §6913; Code 1940, T. 47, §145.)

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1852, §1310; Code 1867, §1580; Code 1876, §2189; Code 1886, §1835; Code 1896, §1031; Code 1907, §3410; Code 1923, §6914; Code 1940, T. 47, §146.)

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1923, §6915; Code 1940, T. 47, §147.)

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1852, §1318; Code 1867, §1588; Code 1876, §2197; Code 1886, §1843; Code 1896, §1039; Code 1907, §3411; Code 1923, §6916; Code 1940, T. 47, §148.)

Transferred to Section 19-3B-1301 effective January 1, 2007 History: (Code 1852, §1320; Code 1867, §1590; Code 1876, §2199; Code 1886, §1845; Code 1896, §1041; Code 1907, §3412; Code 1923, §6917; Code 1940, T. 47, §149.)

Transferred to Section 19-3B-1302 effective January 1, 2007 History: (Code 1852, §1321; Code 1867, §1591; Code 1876, §2200; Code 1886, §1846; Code 1896, §1042; Code 1907, §3413; Code 1923, §6918; Code 1940, T. 47, §150.)

When a trust is created or declared by any such instrument in writing, the recording thereof in the county where the lands lie is equivalent to actual notice to every person claiming under a conveyance made or lien created after such recording. History: (Code 1852, §1322; Code 18…

Transferred to Section 19-3B-1303 effective January 1, 2007 History: (Code 1852, §1323; Code 1867, §1593; Code 1876, §2202; Code 1886, §1848; Code 1896, §1044; Code 1907, §3415; Code 1923, §6920; Code 1940, T. 47, §152.)

Transferred to Section 19-3B-1304 effective January 1, 2007. History: (Acts 1945, No. 306, p. 499; Acts 1961, No. 1014, p. 1592.)

Validity; Certification. (a) Acknowledgments, proofs of conveyances, and affidavits may be taken within the United States and beyond the State of Alabama, by judges and clerks of any federal court, judges and clerks of any state court of record in any state, notaries public, comm…

Transferred to Section 19-3B-1305 effective January 1, 2007. History: (Acts 1949, No. 265, p. 389.)

All deeds, powers of attorney and other instruments of conveyance, affidavits or contracts purporting to be acknowledged, proved or verified as prescribed by law, and which have been recorded or may hereafter be recorded in the office of the judge of probate of the proper county …

All warranties by any tenant for life are void as against those in remainder or reversion, and it shall not be necessary for those in remainder or reversion to bring any action or file any complaint to recover such property or set aside or limit such conveyance or declare their i…

Warranty Implied. In all conveyances of estates in fee, the words “grant,” “bargain,” “sell,” or either of them, must be construed, unless it otherwise clearly appears from the conveyance, an express covenant to the grantee, his heirs and assigns, that the grantor was seised of a…

Powers of attorney or other instruments conferring authority to convey property or to enter satisfaction of mortgages or other liens may be proved or acknowledged and recorded in the same manner and must be received as evidence to the same extent as conveyances. History: (Code 18…

The following are substantially the forms of acknowledgment to be used in this state, on conveyances and instruments of every description admitted to record: ACKNOWLEDGMENT FOR INDIVIDUALThe State of ________}____________County} I (name and style of officer) hereby certify that _…

(a) The grantor, in any conveyance, may reserve to himself any power beneficial, or in trust, which he may lawfully grant to another. (b) When the grantor in any conveyance reserves to himself, for his own benefit, an absolute power of revocation, such grantor must be taken as th…

Every power of disposition is deemed absolute, by means of which the donee of such power is enabled in his lifetime to dispose of the entire fee for his own benefit; and, where a general and beneficial power to devise the inheritance is given to a tenant for years or for life, it…

(a) When an absolute power of disposition, not accompanied by any trust, is given to the owner of a particular estate for life or years, such estate is changed into a fee absolute, as to the rights of creditors and purchasers, but subject to any future estates limited thereon, in…

No disposition by virtue of a power is void on the ground that it is more extensive than was authorized by the power; but every estate or interest thus created is valid only so far as the same is embraced by the power. History: (Code 1852, §1330; Code 1867, §1600; Code 1876, §220…

No power of disposing of real estate can be executed, except by an instrument in writing, which would be sufficient in law to pass the estate or interest intended to pass under such power if the person executing the power were the actual owner. History: (Code 1852, §1331; Code 18…

When a power to dispose of lands is confined to a disposition by devise or will, the instrument of execution must be by will, duly executed as wills of real estate are required by law. History: (Code 1852, §1332; Code 1867, §1602; Code 1876, §2211; Code 1886, §1857; Code 1896, §1…

When the donor of a power has directed it to be executed by an instrument not sufficient in law to pass the estate, the power is not void but may be executed by an instrument sufficient to pass such estate. History: (Code 1852, §1333; Code 1867, §1603; Code 1876, §2212; Code 1886…

When a disposition under a power is directed to be made by, between or among several persons, without specifying the sum or share to be allotted to each, all the persons designated are entitled to an equal proportion; but when the terms of the power import that the estate or fund…

If the trustee of a power, with the right of selection, dies, leaving the power unexecuted, its execution may be ordered for the equal benefit of all the persons designated as the objects of the trust. History: (Code 1852, §1335; Code 1867, §1605; Code 1876, §2214; Code 1886, §18…

When the consent of a third person to the execution of a power is requisite, such consent must be expressed in the instrument by which the power is executed or must be certified in writing thereon; in the first case, the instrument and in the second, the writing must be signed by…

Every estate in real or personal property in fee tail, now or hereafter created, becomes an estate in fee simple, and the person in whom such a conditional fee vests has the same power over the estate as in case of pure and absolute fees. History: (Code 1852, §1300; Code 1867, §1…

The form of a probate of a conveyance or other instrument is as follows: The State of ________}____________ County} I, (name and style of the officer), hereby certify that ______, a subscribing witness to the foregoing conveyance, known to me, appeared before me on this day, and …

When a disposition under an appointment or a power is directed to be made to or among the children of any person, without restricting it to any particular children, it may be exercised in favor of the grandchildren or other descendants of such person. History: (Code 1852, §1337; …

Every power, beneficial or in trust, is irrevocable, unless an authority to revoke it is contained or reserved in the instrument creating the power. History: (Code 1852, §1338; Code 1867, §1608; Code 1876, §2217; Code 1886, §1863; Code 1896, §1059; Code 1907, §3436; Code 1923, §6…

(a) Any power which is exercisable by deed, by will, by deed or will, or otherwise, whether general or special, other than a power in trust which is imperative, is releasable, either with or without consideration, by written instrument signed by the grantee and delivered as provi…

Power Not Personal. Where lands are devised to one or more executors, or a naked power given by the will to sell, the survivor or survivors, where there are more than one named in the will, and the acting executor or executors, when any one or more of them dies, resigns, refuses …

When a power is vested in several persons and, previous to the execution, one or more of such persons dies, it may be executed by the survivor or survivors. History: (Code 1852, §1340; Code 1867, §1610; Code 1876, §2219; Code 1886, §1865; Code 1896, §1061; Code 1907, §3438; Code …

Every special and beneficial power is liable to the claims of creditors, and the execution of the same may be ordered for their benefit. History: (Code 1852, §1341; Code 1867, §1611; Code 1876, §2220; Code 1886, §1866; Code 1896, §1062; Code 1907, §3439; Code 1923, §6944; Code 19…

The provisions of this article in relation to powers do not extend to a simple power of attorney to convey lands in the name and for the benefit of the owner. History: (Code 1852, §1342; Code 1867, §1612; Code 1876, §2221; Code 1886, §1867; Code 1896, §1063; Code 1907, §3440; Cod…

Livery of seisin is not necessary in any conveyance of lands, and the property and possession of the grantor pass as fully by his conveyance as if seisin had been formally delivered. History: (Code 1852, §1316; Code 1867, §1586; Code 1876, §2195; Code 1886, §1841; Code 1896, §103…

Every conveyance of an estate in any hereditament, corporeal or incorporeal, is good and effectual without attornment of the tenant; but no tenant who has paid his rent without notice of such conveyance is liable therefor. History: (Code 1852, §1298; Code 1867, §1568; Code 1876, …

In all cases of written agreements or contracts for the conveyance of lands in this state, where the person executing the same dies before the execution of the conveyance, the personal representative of such person may execute such conveyance according to the forms prescribed by …

If the personal representative refuses to execute the conveyance in the case provided for in Section 35-4-320, he may be compelled so to do by application to the judge of probate of the county in which letters testamentary or of administration were granted. History: (Code 1852, §…

Decree; Appeals. Such application must be by petition, setting out the contract or agreement, the lands to be conveyed and stating the names of the heirs and personal representatives of the contracting party, which of them are of full age and which are minors; and the judge of pr…

Heirs. In all cases in which minor heirs are interested in such application, notice thereof must be given to the guardian; and, if there is no guardian, the judge must appoint a guardian ad litem to protect their interest. History: (Code 1852, §1348; Code 1867, §1618; Code 1876, …