reglab/housing_qa huggingface dataset:
AL Code § 35-4-191 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 7 - Ascertainment and Payment of Life or Dower Interests.|Section 35-4-191 - Application; Notice; Guardian Ad Litem; Hearing; Costs.

Section 35-4-191Application; notice; guardian ad litem; hearing; costs. (a) The application referred to in Section 35-4-190 shall set out the names and places of residence of all the persons interested in the funds in which such dower or life interest exists, stating which, if any, are infants or persons of unsound mind. If any of the parties or their places of residence are unknown, the application shall so state. The court shall set a day for the hearing of said application not less than 30 days from the date of the filing thereof, and notice thereof shall be given by the clerk, judge, or register and served on such other persons as may be interested in the funds, residing in the state, not less than 10 days prior to the hearing; and, if any are nonresidents or their names or places of residence are unknown, then service on them shall be by registered or certified mail where practicable in the same manner as now provided by law for service by registered mail, or by publication once a week for three successive weeks in some newspaper published in the county or, if none are published in the county, then in some newspaper published in an adjoining county. The hearing shall take place on the day set or on any day to which said hearing may be continued. A guardian ad litem shall be appointed to represent infants or persons of unsound mind. All costs of such proceedings, including any fee for the guardian ad litem, shall be paid out of the common fund in which the life or dower interest exists, to the end that, as nearly as may be, the life tenant shall be taxed with such proportion of such costs as his share of the common fund, when ascertained, shall bear to the whole; provided, however, that the court shall be clothed with discretion in such taxation of costs as to it may otherwise appear just and equitable. (b) In ascertaining the value of such life interest, the court may examine witnesses touching their opinion on such value and may take into consideration the age and health of the life tenant, the earning power of the money representing the lands or the interest therein, as well as any other factor which may reasonably shed light on the inquiry. Witnesses may be examined orally or by depositions, and no notice shall be required for oral examination of such witnesses on the day set for the hearing, any rule of civil procedure or probate practice to the contrary notwithstanding. (Acts 1945, No. 446, p. 684, §§2, 3.)
AL Code § 35-4-192 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 7 - Ascertainment and Payment of Life or Dower Interests.|Section 35-4-192 - Appeals.

Section 35-4-192Appeals. Any party feeling aggrieved by the finding of the court may invoke an appeal therefrom to the Supreme Court or the Court of Civil Appeals within 30 days from the date of such order or judgment by giving security for costs to be approved in the same manner as now provided for in appealing from the judgments of the court in which such proceeding was had. (Acts 1945, No. 446, p. 684, §4.)
AL Code § 35-4-210 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 8 - Remainders and Executory Devises.|Section 35-4-210 - Definitions.

Section 35-4-210Definitions. As used in this article, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates a different meaning: (1) ESTATE IN REMAINDER. One limited to be enjoyed after another estate is determined or at a time specified in the future. (2) ESTATE IN REVERSION. The residue of an estate, usually the fee, left in the grantor and his heirs after the determination of a particular estate which he has granted out of it. (3) RIGHTS OF THE REVERSIONER. The same rights as those of a vested remainderman in fee. (Code 1907, §3400; Code 1923, §6904; Code 1940, T. 47, §139.)
AL Code § 35-4-211 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 8 - Remainders and Executory Devises.|Section 35-4-211 - Vested or Contingent Remainders Generally.

Section 35-4-211Vested or contingent remainders generally. Remainders are either vested or contingent. A vested remainder is one limited to a certain person at a certain time or upon the happening of a necessary event. A contingent remainder is one limited to an uncertain person or upon an event which may or may not happen. (Code 1907, §3401; Code 1923, §6905; Code 1940, T. 47, §140.)
AL Code § 35-4-212 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 8 - Remainders and Executory Devises.|Section 35-4-212 - Contingent Remainder in Lands Equivalent to Executory Devise.

Section 35-4-212Contingent remainder in lands equivalent to executory devise. No estate in lands can be created by way of contingent remainder; but every estate created by any will or conveyance, which might have taken effect as a contingent remainder, has the same properties and effect as an executory devise. (Code 1852, §1301; Code 1867, §1571; Code 1876, §2180; Code 1886, §1826; Code 1896, §1022; Code 1907, §3398; Code 1923, §6902; Code 1940, T. 47, §137.)
AL Code § 35-4-213 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 8 - Remainders and Executory Devises.|Section 35-4-213 - Remainder Limited After Death Without Heirs or Issue.

Section 35-4-213Remainder limited after death without heirs or issue. 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. (Code 1852, §1302; Code 1867, §1572; Code 1876, §2181; Code 1886, §1827; Code 1896, §1023; Code 1907, §3399; Code 1923, §6093; Code 1940, T. 47, §138.)
AL Code § 35-4-230 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 9 - Rule in Shelley's Case.|Section 35-4-230 - Abolished.

Section 35-4-230Abolished. 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 life are entitled to take as purchasers by virtue of the remainder so limited to them. (Code 1852, §1304; Code 1867, §1574; Code 1876, §2183; Code 1886, §1829; Code 1896, §1025; Code 1907, §3403; Code 1923, §6907; Code 1940, T. 47, §141.)
AL Code § 35-4-231 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 9 - Rule in Shelley's Case.|Section 35-4-231 - Character of Estate Pur Autre Vie.

Section 35-4-231Character of estate pur autre vie. 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. (Code 1852, §1594; Code 1867, §1915; Code 1876, §2279; Code 1886, §1950; Code 1896, §4246; Code 1907, §3404; Code 1923, §6908; Code 1940, T. 47, §142.)
AL Code § 35-4-232 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 9 - Rule in Shelley's Case.|Section 35-4-232 - Conveyance of Greater Estate by Tenant for Life or Years Passes His Estate.

Section 35-4-232Conveyance of greater estate by tenant for life or years passes his 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. (Code 1852, §1317; Code 1867, §1587; Code 1876, §2196; Code 1886, §1842; Code 1896, §1036; Code 1907, §3405; Code 1923, §6909; Code 1940, T. 47, §143.)
AL Code § 35-4-250 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 10 - Trust Estate and Uses.|Section 35-4-250 - Effect of Use, Trust, or Confidence for Mere Benefit of Third Persons.

Section 35-4-250Effect of use, trust, or confidence for mere benefit of third persons. 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 same is declared; and no estate or interest can vest thereby in any trustee. (Code 1852, §1306; Code 1867, §1576; Code 1876, §2185; Code 1886, §1831; Code 1896, §1027; Code 1907, §3408; Code 1923, §6912; Code 1940, T. 47, §144.)
AL Code § 35-4-251 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 10 - Trust Estate and Uses.|Section 35-4-251 - Trusts May Be Created for Lawful Purpose; Necessity for Legal Title to Vest in Trustees.

Section 35-4-251Trusts may be created for lawful purpose; necessity for legal title to vest in trustees. Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. (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.)
AL Code § 35-4-252 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 10 - Trust Estate and Uses.|Section 35-4-252 - Term of Trust for Accumulation.

Section 35-4-252Term of trust for accumulation. Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. (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.)
AL Code § 35-4-253 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 10 - Trust Estate and Uses.|Section 35-4-253 - Application of Income for Accumulation to Support of Minor.

Section 35-4-253Application of income for accumulation to support of minor. Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. (Code 1923, §6915; Code 1940, T. 47, §147.)
AL Code § 35-4-254 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 10 - Trust Estate and Uses.|Section 35-4-254 - Responsibility of Payor for Payment Made to Trustee.

Section 35-4-254Responsibility of payor for payment made to trustee. Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. (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.)
AL Code § 35-4-255 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 10 - Trust Estate and Uses.|Section 35-4-255 - Trust Concerning Lands Required to Be in Writing.

Section 35-4-255Trust concerning lands required to be in writing. THIS SECTION WAS TRANSFERRED TO SECTION 19-3B-1301 BY ACT 2006-216, EFFECTIVE JANUARY 1, 2007 No trust concerning lands, except such as results by implication or construction of law, or which may be transferred or extinguished by operation of law, can be created, unless by instrument in writing, signed by the party creating or declaring the same, or his agent or attorney lawfully authorized thereto in writing. (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.)
AL Code § 35-4-256 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 10 - Trust Estate and Uses.|Section 35-4-256 - Trust Void as to Creditors or Purchasers Without Notice.

Section 35-4-256Trust void as to creditors or purchasers without notice. Transferred to Section 19-3B-1302 effective January 1, 2007 (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.)
AL Code § 35-4-257 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 10 - Trust Estate and Uses.|Section 35-4-257 - Recording as Notice of Trust.

Section 35-4-257Recording as notice of trust. 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. (Code 1852, §1322; Code 1867, §1592; Code 1876, §2201; Code 1886, §1847; Code 1896, §1043; Code 1907, §3414; Code 1923, §6919; Code 1940, T. 47, §151.)
AL Code § 35-4-259 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 10 - Trust Estate and Uses.|Section 35-4-259 - Trusts for Employees or Self-Employed Persons.

Section 35-4-259Trusts for employees or self-employed persons. Transferred to Section 19-3B-1304 effective January 1, 2007. (Acts 1945, No. 306, p. 499; Acts 1961, No. 1014, p. 1592.)
AL Code § 35-4-258 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 10 - Trust Estate and Uses.|Section 35-4-258 - Trust Estate Not Descendible Upon Death of Trustee.

Section 35-4-258Trust estate not descendible upon death of trustee. Transferred to Section 19-3B-1303 effective January 1, 2007 (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.)
AL Code § 35-4-260 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 10 - Trust Estate and Uses.|Section 35-4-260 - Trusts Consisting of Insurance Policies or Proceeds.

Section 35-4-260Trusts consisting of insurance policies or proceeds. Transferred to Section 19-3B-1305 effective January 1, 2007. (Acts 1949, No. 265, p. 389.)
AL Code § 35-4-270 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 11 - Warranties and Covenants.|Section 35-4-270 - Warranties by Tenant for Life.

Section 35-4-270Warranties by tenant for life. 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 interest until they are entitled to such property, and no statute of limitation or repose shall operate against them until such time as they are entitled to such property. (Code 1852, §1313; Code 1867, §1583; Code 1876, §2192; Code 1886, §1838; Code 1896, §1034; Code 1907, §3420; Code 1923, §6925; Code 1940, T. 47, §153.)
AL Code § 35-4-271 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 11 - Warranties and Covenants.|Section 35-4-271 - Construction of Words "Grant," "Bargain," or "Sell"; When Covenants of Warranty Implied.

Section 35-4-271Construction of words "grant," "bargain," or "sell"; when covenants of 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 an indefeasible estate in fee simple, free from incumbrances done or suffered by the grantor, except the rents and services that are reserved; and also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by the express words of such conveyance; and the grantee, his heirs, personal representatives, and assigns may, in any action, assign breaches, as if such covenants were expressly inserted. (Code 1852, §1314; Code 1867, §1584; Code 1876, §2193; Code 1886, §1839; Code 1896, §1035; Code 1907, §3421; Code 1923, §6926; Code 1940, T. 47, §154.)
AL Code § 35-4-290 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 12 - Powers.|Section 35-4-290 - Reservation of Power by Grantor.

Section 35-4-290Reservation of power by grantor. (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 the absolute owner of the estate conveyed, as to the rights of creditors and purchasers. (Code 1852, §§1324, 3529; Code 1867, §§1594, 1599; Code 1876, §§2203, 2208; Code 1886, §§1849, 1854; Code 1896, §§1045, 1050; Code 1907, §§3422, 3427; Code 1923, §§6927, 6932; Code 1940, T. 47, §§75, 80.)
AL Code § 35-4-291 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 12 - Powers.|Section 35-4-291 - Powers Deemed Absolute.

Section 35-4-291Powers deemed absolute. 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 is absolute within the meaning of subsections (b) and (c) of section 35-4-292. (Code 1852, §1328; Code 1867, §1598; Code 1876, §2207; Code 1886, §1853; Code 1896, §1049; Code 1907, §3426; Code 1923, §6981; Code 1940, T. 47, §79.)
AL Code § 35-4-292 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 12 - Powers.|Section 35-4-292 - Effect of Grant of Absolute Power.

Section 35-4-292Effect of grant of absolute power. (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 case the power is not executed or the lands sold for the satisfaction of debts during the continuance of such particular estate. (b) When a like power of disposition is given to any person to whom no particular estate is limited, such person also takes a fee, subject to any future estate which may be limited thereon; but absolute in respect to creditors and purchasers. (c) In all cases where such absolute power of disposition is given, not accompanied by any trust, and no remainder is limited on the estate of the donee of the power, he has an absolute fee. (Code 1852, §§1325-1327; Code 1867, §§1595-1597; Code 1876, §§2204, 2206; Code 1886, §§1850-1852; Code 1896, §§1046-1048; Code 1907, §§3423-3425; Code 1923, §§6928-6930; Code 1940, T. 47, §§76-78.)
AL Code § 35-4-293 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 12 - Powers.|Section 35-4-293 - Dispositions Valid to Extent of Power.

Section 35-4-293Dispositions valid to extent of power. 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. (Code 1852, §1330; Code 1867, §1600; Code 1876, §2209; Code 1886, §1855; Code 1896, §1051; Code 1907, §3428; Code 1923, §6933; Code 1940, T. 47, §81.)
AL Code § 35-4-294 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 12 - Powers.|Section 35-4-294 - Power Disposing of Real Estate Required to Be in Writing.

Section 35-4-294Power disposing of real estate required to be in writing. 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. (Code 1852, §1331; Code 1867, §1601; Code 1876, §2210; Code 1886, §1856; Code 1896, §1052; Code 1907, §3429; Code 1923, §6934; Code 1940, T. 47, §82.)
AL Code § 35-4-295 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 12 - Powers.|Section 35-4-295 - Requirements for Disposition by Devise or Will.

Section 35-4-295Requirements for disposition by devise or will. 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. (Code 1852, §1332; Code 1867, §1602; Code 1876, §2211; Code 1886, §1857; Code 1896, §1053; Code 1907, §3430; Code 1923, §6935; Code 1940, T. 47, §83.)
AL Code § 35-4-296 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 12 - Powers.|Section 35-4-296 - Execution in Cases Where Instrument Specified Is Insufficient.

Section 35-4-296Execution in cases where instrument specified is insufficient. 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. (Code 1852, §1333; Code 1867, §1603; Code 1876, §2212; Code 1886, §1858; Code 1896, §1054; Code 1907, §3431; Code 1923, §6936; Code 1940, T. 47, §84.)
AL Code § 35-4-297 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 12 - Powers.|Section 35-4-297 - Disposition By, Between, or Among Several Persons Generally.

Section 35-4-297Disposition by, between, or among several persons generally. 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 is to be distributed between the persons so designated, in such manner or proportion as the trustee of the power may think proper, the distribution or apportionment made by such trustee cannot be impeached on the ground that it is unsubstantial, illusory, or nominal. (Code 1852, §1334; Code 1867, §1604; Code 1876, §2213; Code 1886, §1859; Code 1896, §1055; Code 1907, §3432; Code 1923, §6937; Code 1940, T. 47, §85.)
AL Code § 35-4-298 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 12 - Powers.|Section 35-4-298 - Execution of Power Upon Death of Trustee With Right of Selection.

Section 35-4-298Execution of power upon death of trustee with right of selection. 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. (Code 1852, §1335; Code 1867, §1605; Code 1876, §2214; Code 1886, §1860; Code 1896, §1056; Code 1907, §3433; Code 1923, §6938; Code 1940, T. 47, §86.)
AL Code § 35-4-299 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 12 - Powers.|Section 35-4-299 - Consent of Third Persons to Execution of Power.

Section 35-4-299Consent of third persons to execution of power. 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 the party whose consent is required. (Code 1852, §1336; Code 1867, §1606; Code 1876, §2215; Code 1886, §1861; Code 1896, §1057; Code 1907, §3434; Code 1923, §6939; Code 1940, T. 47, §87.)