State Codes and Statutes

Statutes > New-york > Rpp > Article-9 > 314-a

§  314-a.  Proof  when  witnesses  are  dead.  When the witnesses to a  conveyance, authorized to be recorded, are dead, its  execution  may  be  proved  before  any  officer  authorized  to  take  within the state the  acknowledgment and proof of conveyances, other than  a  commissioner  of  deeds,  a  notary  public,  or a justice of the peace.  The proof of the  execution must be made by satisfactory evidence of the death of all  the  witnesses  thereto, and of the handwriting of such witnesses, or any one  of them, and of the grantor, which evidence, with the name and residence  of each witness examined, must be set forth by the  officer  taking  the  same,  in  his  certificate  of  proof.  A  conveyance  so  proved,  and  certified, may be  recorded  in  the  proper  office,  if  the  original  conveyance  be  at  the same time deposited in the same office, there to  remain for the inspection of all persons desiring to examine  the  same.  If  the  conveyance  affects  real  property  in two or more counties, a  certified copy of the conveyance, with the proof and  certificates,  may  be  recorded  in  each  of such counties. Such recording and deposit are  constructive  notice  of  the  execution  of  such  conveyance  to   all  purchasers of the same real property, or any part thereof, from the same  vendor,  his  heirs or assigns, subsequent to such recording, but do not  entitle the conveyance or the record thereof, or  a  transcript  of  the  record, to be read in evidence.

State Codes and Statutes

Statutes > New-york > Rpp > Article-9 > 314-a

§  314-a.  Proof  when  witnesses  are  dead.  When the witnesses to a  conveyance, authorized to be recorded, are dead, its  execution  may  be  proved  before  any  officer  authorized  to  take  within the state the  acknowledgment and proof of conveyances, other than  a  commissioner  of  deeds,  a  notary  public,  or a justice of the peace.  The proof of the  execution must be made by satisfactory evidence of the death of all  the  witnesses  thereto, and of the handwriting of such witnesses, or any one  of them, and of the grantor, which evidence, with the name and residence  of each witness examined, must be set forth by the  officer  taking  the  same,  in  his  certificate  of  proof.  A  conveyance  so  proved,  and  certified, may be  recorded  in  the  proper  office,  if  the  original  conveyance  be  at  the same time deposited in the same office, there to  remain for the inspection of all persons desiring to examine  the  same.  If  the  conveyance  affects  real  property  in two or more counties, a  certified copy of the conveyance, with the proof and  certificates,  may  be  recorded  in  each  of such counties. Such recording and deposit are  constructive  notice  of  the  execution  of  such  conveyance  to   all  purchasers of the same real property, or any part thereof, from the same  vendor,  his  heirs or assigns, subsequent to such recording, but do not  entitle the conveyance or the record thereof, or  a  transcript  of  the  record, to be read in evidence.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpp > Article-9 > 314-a

§  314-a.  Proof  when  witnesses  are  dead.  When the witnesses to a  conveyance, authorized to be recorded, are dead, its  execution  may  be  proved  before  any  officer  authorized  to  take  within the state the  acknowledgment and proof of conveyances, other than  a  commissioner  of  deeds,  a  notary  public,  or a justice of the peace.  The proof of the  execution must be made by satisfactory evidence of the death of all  the  witnesses  thereto, and of the handwriting of such witnesses, or any one  of them, and of the grantor, which evidence, with the name and residence  of each witness examined, must be set forth by the  officer  taking  the  same,  in  his  certificate  of  proof.  A  conveyance  so  proved,  and  certified, may be  recorded  in  the  proper  office,  if  the  original  conveyance  be  at  the same time deposited in the same office, there to  remain for the inspection of all persons desiring to examine  the  same.  If  the  conveyance  affects  real  property  in two or more counties, a  certified copy of the conveyance, with the proof and  certificates,  may  be  recorded  in  each  of such counties. Such recording and deposit are  constructive  notice  of  the  execution  of  such  conveyance  to   all  purchasers of the same real property, or any part thereof, from the same  vendor,  his  heirs or assigns, subsequent to such recording, but do not  entitle the conveyance or the record thereof, or  a  transcript  of  the  record, to be read in evidence.