2501 UNIFORM PRINCIPAL AND INCOME LAW

Transcription

1 2501 UNIFORM PRINCIPAL AND INCOME LAW regularly recurring charges shall be considered to have accrued from day to day, and shall be apportioned on that basis whenever the right of the tenant begins or ends at some date other than the payment date of the expenses. Where the expenses to be paid out of income are of unusual amount, the trustee may distribute them throughout an entire year or part thereof, or throughout a series of years. After such distribution, where the right of the tenant begins or ends during the period, the expenses shall be apportioned between tenant and remainderman on the basis of such distribution. (4) Where the costs of, or special taxes or assessments for, an improvement representing an addition of value to property held by the trustee as part of principal are paid out of principal, as provided in subsection (2) hereof, the trustee shall reserve out of income and add to the principal each year a sum equal to the cost of the improvement divided by the number of years of the reasonably expected duration of the improvement. Hlstory.- 12, ch , 1937; CGL 1940 Supp. 5671(13) Expenses; nontrust estates.-(1) The provisions of , so far as applicable and excepting those dealing with costs of, or assessments for improvements to property, shall govern the apportionment of expenses between tenants and remaindermen where no trust has been created, subject, however, to any legal agreement of the parties or any specific direction of the taxing or other statutes; but where either tenant or remainderman has incurred an expense for the benefit of his own estate and without the consent or agreement of the other, he shall pay such expense in full. (2) Subject to the exceptions stated in subsection (1) the cost of, or special taxes or assessments for, an improvement representing an addition of value to property forming part of the principal shall be paid by the tenant, where such improvement is not reasonably expected to outlast the estate of the tenant. In all other cases a portion thereof only shall be paid by the tenant, while the remainder shall be paid by the remainderman. Such portion shall be ascertained by taking that percentage of the total which is found by dividing the present value of the tenant's estate by the present value of an estate of the same form as that of the tenant except that it is limited for a period corresponding to the reasonably expected duration of the improvement. The computation of present values of the estates shall be made on the expectancy basis set forth in the official mortality tables and no other evidence of duration or expectancy shall be considered. Hlotory.- 13, ch , 1937; CGL 1940 Supp. 5671(14) Uniformity of interpretation.-this chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Hlotory.- 14, ch , 1937; CGL 1940 Supp. 5671(15).

2 UNIFORM TRUST ADMINISTRATION LAW Short title Definitions Powers of trustees Short title.-this chapter may be cited or referred to as the "Uniform Trust Administration Law." History.- 5, ch , 1937; CGL 1940 Supp, 6671(16) Definitions.-The term "trust" as used in this chapter includes any express trust, except trust deeds in the nature of a mortgage to secure the payment of money due on notes, bonds or other like obligations, and also excepting what are commonly known as voting trusts. "Trust instrument" includes any writing which legally creates, limits, declares, manifests or otherwise evidences the existence of a trust. "Trustee" includes corporations, individuals and any other legal entity authorized to act and that is acting as a trustee. Hlstory.- 1, ch , 1937; CGL 1940 Supp. 6671(17). cf , General definitions. CHAPTER 691 UNIFORM TRUST ADMINISTRATION LAW Powers of trustees.-in the absence of contrary or limiting provisions in the trust instrument or a subsequent order or decree of a court of competent jurisdiction, the trustee of an express trust is authorized: (1) To exchange, reexchange, subdivide, develop, improve, dedicate to public use, make or obtain the vacation of public plats, adjust boundaries, partition real property and on exchange or partition to adjust differences in valuation by giving or receiving money or money's worth. Easements may be dedicated to public use without consideration if deemed by the trustee to be for the best interests of the trust. (2) To grant options and to sell real property at public auction or at private sale for cash or upon credit, secured by lien upon the property sold or upon other property deemed to be adequate security. Where a trustee is authorized to sell, mortgage, lease, or otherwise dispose of land, such authority shall in-. elude the right to sell, mortgage, lease, or otherwise dispose of part thereof whether the division is horizontal, vertical, or made in any other way. (3) To grant leases of real property of which the trustee is the fee owner, to begin at once or within three years from the date thereof, and to grant leases of all rights and privileges above or below the surface of such real property for any term of years not exceeding ninety-nine years, with or without option of purchase and with or without covenants as to erection of buildings, or as to renewals, thereof, though the term of the lease or renewals thereof or of such options extends beyond the term of the trust. ( 4) To raze existing party walls or buildings and erect new party walls or buildings, Investments; mortgages, etc.; survivor and successor trustees; action of less than all; notice to trustee Provisions not deemed exclusive. alone or jointly with owners of adjacent property. ( 5) To make ordinary or extraordinary repairs or alterations in buildings or other structures. (6) To effect and keep in force, fire, rent, title, liability, casualty or other insurance of any nature, in any form and in any amount, for the proper protection of the real property and the ownership thereof. (7) To hold without liability, other than that involved in holding property legal for investment of trust funds, any and all property, whether or not permissible for investment of funds of that particular trust, received from or through the settlor of the trust, and 4ny property lawfully coming into the hands of the trustees in lieu of or in substitution therefor. This provision shall not be construed to cover reinvestments of cash made by the trustee. (8) To make division, allotment and distribution of principal to legatees, beneficiaries, distributees, and remaindermen, wholly or partly in property in kind. (9) To compromise, contest, submit to arbitration or otherwise settle any and all claims in favor of or against the trust estate or the trustee. (10) To vote at corporate meetings in person or by proxy., ( 11 ) To pay calls, assessments, and any other sums chargeable or accruing against or on account of shares of stocks, bonds, debentures or other corporate securities in the hands of the trustee, where such payment may be legally enforceable against the trustee or any property of the trust, or the trustee deems payment expedient and for the best interests of the trust. To sell or exercise stock subscription or conversion rights, participate in foreclosures, reorganizations, consolidations, mergers, liquidations, pooling agreements and voting trusts; and to assent to corporate sales, leases and encumbrances. In the exercise of the powers named in this subsection, the trustee shall be authorized, where he deems such course expedient, to deposit stocks, bonds or other securities with any protective or other similar committee, under such terms and conditions respecting the deposit thereof as the trustee may approve. (12) To dispose of, call in or change and make new investments legal for such trust. An authority in general terms to invest in such securities or in such manner as the trustee may deem or think best or fit or to the advantage of the estate or in good safe securities, or in other terms conferring a discretion not expressly limited to property legal

3 2503 UNIFORM TRUST ADMINISTRATION LAW for investment of trust funds, shall be construed as not so limited. (13) To hold any corporate stock in his Qwn name or in the name of a nominee, with Qr without disclosing any fiduciary relationship, but the trustee, however, shall be responsible for all acts and omissions of such nominee relating to such property. (14) To create reserves out of income for depreciation, obsolescence, amortization or to insure prompt payment of taxes or assessments, general or special and other obligations, and to restore to income such reserves as may be unused. (15) To make payments of income directly to minor beneficiaries over the age of eighteen years as though they were of full age; and when income is directed to be paid to minors, to apply and expend the same for their benefit ~ither with or without the intervention of a guardian. (16) To borrow money and to mortgage or Qtherwise encumber or pledge trust property or future income or principal as security for its repayment. (17) To advance income to or for the use Qf the benefiiciaries for which advance such trustee shall have a lien on the future benefits of such beneficiary. (18) To advance money for the protection of the trust or its property and for all expenses, losses and liabilities incurred in or about the ~xecution or protection of the trust or because Qf the holding or ownership of any property subject thereto. For all such advances, the trustee shall have a lien on the trust property and may reimburse himself with interest therefor out of the trust property. History.- 2, ch , 1937; CGL 1940 Supp. 6671(18) Investments; mortgages, etc.; survivor and successor trustees; action of less than all; notice to trustee.-the following provisions shall apply to all trusts but shall not be exclusive of others imposed by law unless contrary thereto: (1) A trustee in making investments of trust funds may rely upon information and Qpinions deemed by him reliable concerning facts necessary or proper to be taken into consideration in determining whether such investment conforms to the requirements of such trust. (2) The trustee shall not be liable for breach of trust by reason only of his continuing to hold an investment, which because of changing conditions has ceased to be an investment authorized by the trust instrument or the law applicable thereto. (3) A trustee shall not be responsible for the genuineness or validity of execution of any instrument representing an investment made by him in good faith and without negligence. ( 4) Where a trustee is authorized by the trust instrument or by law to pay or apply capital money subject to the trust for any purpose or in any manner, he shall have power to raise the money required by sale, conversion, mortgage, calling in, or by otherwise encumbering all or any part of the trust property for the time being in his possession. (5) Where a power or trust is given to or imposed on two or more trustees jointly, the same may be exercised or performed by the survivors or survivor of them for the time being. ( 6) A successor trustee shall succeed to all of the powers, duties and discretionary authority of an original trustee. (7) Where there are three or more trustees of a trust, the action of a majority shall be sufficient unless the trust instrument provides otherwise. (8) A trustee shall be answerable and accountable only for his own acts, receipts, neglects, or defaults, and not for those of any co-trustee, nor for any banker, broker or other person with whom any trust money or securities may be lawfully deposited, nor for any loss unless the same occurs through his own default or negligence. (9) A trustee, acting for more than one trust, shall not, in the absence of fraud, be affected by notice of any instrument, matter, fact or thing in relation to any particular trust if he has obtained notice thereof merely by reason of his acting or having acted for another trust or in some other fiduciary capacity. History.- 3, ch , 1937; CGL 1940 Supp. 6671(19). cf et seq., Investment of fiduciary funds Provisions not deemed exclusive. The powers, duties and liabilities stated in this chapter shall not be deemed to exclude other powers, duties and liabilities not inconsistent herewith. History.- 4, ch , 1937; CGL 1940 Supp. 6671(20).

4 CONVEYANCES BY CORPORATIONS Conveyances by corporations Conveyances by corporations.-any corporation may convey lands by deed sealed with the comm<m or corporate seal and signed in its name by its president or any vice-president or chief executive officer. Hlstory.-RS 1955; GS 2459; 1, ch. 6183, 1911; RGS 3799; CGL Validation of conveyances.-conveyances by corporations of lands in this state, CHAPTER 692 CONVEYANCES BY CORPORATIONS Validation of conveyances. bp.retofore executed, which have been sealed with the common or corporate seal of such corporation and signed in its name by a vicepresident or the chief executive officer thereof, shall be as valid and effective and shall bear the same presumptions as if signed in the name of such corporation by its president. Hlstory.- 2, ch. 6183, 1911; RGS 3800; CGL ct , Misnomer ot corporation In deeds and instruments.

5 2505 CONVEYANCES OF MARRIED WOMEN'S INTEREST IN REAL ESTATE CHAPTER 693 CONVEYANCES OF MARRIED WOMEN'S INTEREST IN REAL ESTATE Married women may convey Release of dower Married women's acknowledgments Relinquishment of dower by minor Married women may convey.-any married woman owning real property may sell, convey or mortgage it as she might do if she were not married, provided her husband join in such sale, conveyance or mortgage. History.-U, Feb. 4, 1835; RS 1956 ; GS 2460; RGS 3801; CGL cf et seq., Married women's property , Husband must join in transfer , Specific performance against married woman Release of dower.-any married woman having a right of dower in any real property may relinquish it by joining in the conveyance or mortgage thereof, or by a separate instrument without the joinder of her husband, executed in like manner as other conveyances. Hlstory.- 7, Nov. 15, 1828; 1, cb. 3011, 1877; RS 1957; GS 2461 ; l,l.gs 3802 ; CGL 5675; 7, ch , Married women's acknowledgments. (1) The acknowledgment by a married woman of deeds, conveyances, mortgages, relinquishments of dower, contracts for the sale of lands, powers of attorney and other instruments shall be necessary to entitle any such instrument to be recorded, but no private examination separate from the husband of such married woman shall be necessary for any purpose, and the acknowled~ment of any such instrument by a married woman shall not constitute any part of the execution of any such instrument. Any form of certificate of acknowledgment which is sufficient in the case of an acknowledgment by a single person shall be sufficient in the case of an acknowledgment by a married woman. (2) A certificate of acknowledgment in substantially the following form shall be sufficient as a certificate of acknowledgment, by any individual, of any of the instruments mentioned in of the Florida Statutes, 1941, as hereby amended, to wit: "STATE OF... COUNTY OF.. "I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared...., to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. 'WITNESS my hand and official seal in the count~y and state last aforesaid this day of.., A. D. 19. Notary Public, My commission expires:, Execution of deeds by minor Married women's covenants Powers of attorney by married woman. (3) All acknowledgments by a married woman m accordance with of the Florida Statutes, as hereby amended, made before May 13, 1943, are hereby validated, unless the same shall be questioned in a court of competent jurisdiction within one year after May 13, Hlstory.- 1, Feb. 4, 1835; 1, ch. 3011, 1877; RS 1958; GS 2462; RGS 3803; CGL 5676; 1-3, cb , cf , Conveyances of married women defective In acknowledgment validated , Specific performance against married women regardless of acknowledgment Relinquishment of dower by minor. -A relinquishment of dower executed and acknowledged by a wife shall be valid notwithstanding her minority at the time of such execution and acknowledgment. HIBtory.-RS 1959; GS 2463; RGS 3804; CGL Execution of deeds by minor.-the execution of a deed by a married woman conveying real estate belonging to her, joined in said deed by her husband, and duly acknowledged, shall be valid notwithstanding her minority at the time of such execution and acknowledgment. ~~story.- 1, ch. 4954, 1901; GS 2464; RGS 3805; CGL Repealed.- History.- 1, ch. 4150, 1893; GS 2465; RGS 3806 CGL 5679; 8, ch , 1941; repealed by 4, ch , Repealed.- History.- 1-6, ch. 3580, 1885; RS 1960_1965; GS ; RGS ; CGL repealed by 4, ch , ' Married women's covenants.-a married woman who joins with her husband in executing a conveyance or mortgage of real property, or of any estate therein, may enter mto any covenants as to the title or against encumbrances or of warranty, but such covenants shall have no other effect than to estop her and all persons claiming as her heirs or by or through her, in the same manner a~ if she were not married; except that her covenants and warranties which have been or may be made with respect to her separate statutory property shall bind her to the amount of the purchase price received by her for such property, as if she were not married. :Uistory.-RS 1966; GS 2472; RGS cb , 1927; CGL 568~. ' ' Powers of attorney by married woman.-any deed, conveyance, mortgage, lease or other transfer of real property or of any interest therein, being the sepa~ate ~rope.rty of a married woman, and every re Jmqmshment of dower executed by virtue of a power of attorney from such married woman shall have the same force and effect as if executed by her in person, if her husband join

6 CONVEYANCES OF MARRIED WOMEN'S INTEREST IN REAL ESTATE 2506 with her in the execution of such power of attorney, and if she execute and acknowledge the same in the form and manner prescribed for the execution and acknowledgment of the conveyance of her separate real estate or relinquishment of dower, as the case may be, provided such power of attorney be recorded as other powers of attorney are recorded. History.- 1, ch. 2069, 1875; RS 1967; GS 2473; RGS 3814 ; CGL 5687.

7 2507 CERTAIN CONVEYANCES MADE VALID Those executed between 1817 and Married women's conveyances validated Married women's conveyances by attorney validated Conveyances of married women defective in acknowledgment validated Certain other conveyances validated Deeds executed by state board of education Certain grant of lands confirmed Certain instruments validated, notwithstanding lack of seals or witnesses, or defect in acknowledgment, etc Those executed between 1817 and All deeds of conveyance, bills of sale, mortgages or other transfers of property, either real or personal, within the limits of this state, made and received bona fide and upon good consideration at any time between the seventeenth day of January, 1817, and the first day of October, 1822, shall be as good and efficient in law and equity as if the same had been made and executed according to the formalities of the Spanish law as against the maker or makers thereof, and every person or persons claiming by, through or under him, her or them; provided, that nothing in this section contained shall be so construed as to affect the interest of persons not parties to any of the contracts aforesaid; and provided, also, that the said deeds of conveyance, bills of sale, mortgages and other transfers were recorded agreeably to the laws of the state within six months from the twenty-fourth day of June, c!flst5 6 7s.-:-:rune 21, 1823; RS 1968; GS 2474; RGS 3815; Married women's conveyances validated.-all sales, conveyances, transfers or mortgages made prior to February 14th, 1835, by married women of their real estate of in~ heritance where the husbands of such married women have joined therein shall be as valid as if the same had been conveyed by fine as at common law. c!flst5sls -:- 2, Feb. 4, 1835; RS 1969; GS 2475; RGS 3816; Married women's conveyances by attorney validated.-any deed, release or conveyance executed and acknowledged before the passage of the act approved February 20th, 1875, entitled, "An act to authorize married women to convey their separate estate and release dower by attorney," yet in the manner therein provided, shall have the same force and effect and be as valid as if the same had been executed and acknowledged after the passage of the said act. Hlstory RS 1892; GS 2476; RGS 3817; CGL CHAPTER 694 CERTAIN CONVEYANCES MADE VALID Conveyances of married women defective in acknowledgment validated.- All deeds of conveyance, bills of sale, mortgages or other instruments of transfer of real or personal property within the limits of this state made and received bona fide and for a Certified copies admissible in evidence Certain titles not affected Certain deeds of county commissioners validated Validation of instruments in which name of corporation is incorrectly set out Ratifying, validating and confirming conveyances of real estate by county commissioners, etc. valuable consideration, when a consideration is essential or required by law, free from fraud, executed by any married woman whether for the purpose of conveying her separate estate or of relinquishing her dower or right of dower at any time prior to the 1st day of July, 1941, and which may be defective only in such married woman's acknowledgment, or in the officer's certificate of acknowledgment, by a defective statement or the omission of a statement relating to acknowledging separate and apart from her husband, or by an omission of either or all of the words, "freely, voluntarily, compulsion, constraint, apprehension or fear" shall be deemed and held good and sufficient in law or equity to convey the right or interest of any such married woman attempted or intended to be conveyed under any such instrument as if the same had been made and executed according to statutory requirements, as against the maker or makers thereof and every person or persons claiming by, through or under such married woman; Provided, there appears in such acknowledgment either one or more of said words or any words of similar import; Provided, however, that this section shall not apply to any instrument heretofore made, the validity of which shall be contested by suit commenced within one year of the effective date of this law. History.-Ch. 5412, 1905; 1, ch. 6217, 1911; RGS 3818; CGL 5691; 9, ch , Certain other conveyances validated. -Any deed or conveyance heretofore executed and acknowledged in accordance with the provisions of the act approved February 24, 1873, entitled "An act providing for the acknowledgment of deeds and other conveyances of lands," shall be held good and valid. Hlstory.- 2, ch. 2069, 1875; RS 1971; GS 2477; RGS 3819; CGL Deeds executed by state board of education.-all deeds conveying lands granted to or held by the state for educational purposes heretofore executed by the members of the state board of education of Florida are hereby confirmed and declared to be valid and binding as conveyances of the title to such lands. Hlstory.- 2, ch. 4999, 1901; GS 2478; RGS 8820; CGL 5693.

8 CERTAIN CONVEYANCES MADE VALID Certain grant of lands confirmed. The State of Florida does hereby grant and confirm to purchasers, grantees and assigns of the several railroad companies which accepted the provisions of the act entitled, "An act to provide for and encourage a liberal system of internal improvements in this state," approved January 6, 1855, and their assigns, the lands and titles thereto which were granted to the State of Florida by the United States of America to aid in the construction of certain railroads in the State of Florida, by act of congress, approved May 17, 1856, which said land has been selected and located for the several railroad companies accepting the provisions of said act along the line of their regpective roads, to the extent and proportion to which they severally became entitled under said act to provide for and encourage a liberal system of internal improvements in this state and the act of congress granting the same above referred to. And to confirm and convey the title to any lands which may hereafter be selected and approved to the State of Florida for the use of the several railroads as aforesaid, to the purchasers, grantees and assigns of said railroads. Hlstor y.- 1, ch. 4707, 1899 ; GS 2479; RGS 3821 ; CGL Certain instruments validated, notwithstanding lack of seals or witnesses, or defect in acknowledgment, etc.- Whenever any power of attorney has been executed and delivered, or any conveyance h as been executed and delivered to any grantee by the person owning t he land therein described, or conveying the same in an offi cial or representative capacity, and has, for a period of seven years or more been spread upon the records of t he county wherein the land therein described has been or was at the t ime situated. and one or more subsequent conveyances of said land or parts thereof have been made, executed, delivered and recor ded by parties claiming under such instrument or instruments, and such power of attorney or conveyance, or the public record thereof, shows upon its face a clear purpose and intent of the person executing the same to authorize the conveyance of said land or to convey the said land, the same shall be taken and held by all the courts of this state, in the absence of any showing of fraud, adverse possession, or pending litigation, to have authorized the conveyance of, or to have conveyed, the fee simple title, or any interest ther ein, of the person signing such instruments, or the person in behalf of whom the same was conveyed by a person in an offi cial or representat ive capacity, to the land therein described as effectively as if ther e had been no defect in the acknowledgment or the certificate of acknowledgment, if acknowledged, or the relinquishment of dower, and as if there had been no lack of the wor d "as" pr eceding t he t itle of the person conveying in an offi cial or representative capacity, of any seal or seals, or of any witness or witnesses, and shall likewise be taken and held by all the courts of this state to have been duly recorded so as to be admissible in evidence under section 21, article XVI of the constitution; Provided, however, that this section shall not apply to any conveyance the validity of which shall be contested or have been cont ested by suit commenced heretofore or within one year of the effective date of this law. History.- 1, ch , 1925; COL 5695; 15, ch , 1941; 1, ch , 1949 ; a m. 1, ch , cf , Limitations where deed or will of record for t en years or more Certified copies admissible in evidence.-a copy of any of the instruments referred to in duly certified, under the hand and seal of office of the officer in whose office the same may be recorded, to be a true and correct copy of the original, on file or of record in his office, shall in all cases and in all courts be admitted and received in evidence with the like effect and force as the original thereof might be. Jllstory.- 2, ch , 1925; CGL Certain titles not affected.-n othing in contained shall be taken or held to validate or perfect any title to any land as against one or more in adverse possession thereof or holding or claiming title under a different or adverse chain of title from either a common or different source. Hlstory.- 3, ch , 1925 ; CGL ~ certain deeds of county commissioners validated.-all deeds of conveyance of lands in this state heretofore made and executed prior to the year 1915 by the board of county commissioners of any county in this state of lands lying and being within such county, or that were made and executed by - some one acting by or under the authority of any such board of county commissioners, of any such lands, be and the same are hereby r atified, validated and confirmed, and declared to convey s uch title, right or interest therein as s uch county may have had or held at the time of the conveyance, and as was expressed in any such deed of conveyance, and intended to be conveyed thereby. Provided, that nothing in this section shall validate any deed that was f raudulently obtained or that is now in litigation. H istory.- 1, ch. 1362, 1929 ; CG L 1936 Supp. 5697(1) Validation of instruments in which name of corporation is incorrectly set out. All deeds of conveyance, bills of sale, mortgages, or other transfers of real or personal property within the limits of this state, heretof ore made and r eceived bona fide and upon good consideration by any corporation, or to any corporation, in which the name of said corporation shall be incorrectly set out in such deed, bill of sale, mortgage or other instrument by omitting a word from the corporate name, or by adding a word thereto or by misspelling any part of the name of ~aid corporation, and the identity of said corporation shall plainly appear from the contents of

9 2509 CERTAIN CONVEYANCES MADE VALID said instrument, or otherwise, such deed, bill of sale, mortgage or other instrument, shall be taken and deemed valid and effectual as though the name of said corporation were correctly set out in said deed, bill of sale, mortgage or other instrument, and the same shall, notwithstanding such irregularity or defect, be deemed and taken as properly executed. Hlstory.- 1, ch , 1931; CGL 1936 Supp. 5673(1); am. 7, ch , cf , Misnomer of corporation In deeds and Instrum ents Ratifying, validating and confirming conveyances of real estate by county commissioners, etc.- (1) That all conveyances of real estate heretofore made by any of the several counties of the State of Florida or the county commissioners thereof, or any county school board, or any board of bond trustees or commissioners or supervisors of a drainage or other special improvement district, be and the same are hereby ratified, validated, and confirmed; provided, however, that this section shall not ratify, validate, or confirm any such conveyances which are the subject of litigation on June 16, 1947, or any tax deed, or title acquired by failure of the owner of lands to pay taxes or assessments. (2) That the several counties of the State of Florida by a majority of the county commissioners thereof or any county school board or any board of bond trustees or commissioners or supervisors of a drainage or other special improvement district or a majority of the members thereof, are hereby authorized to execute and deliver deed to real property in which any such county, county school board, board of bond trustees or commissioners or supervisors of a drainage or other special improvement district may have been interested. Hlstory.- 1-2, ch , Am. 11, ch , 1949.

10 RECORD OF CONVEYANCES OF REAL ESTATE 2510 CHAPTER 695 RECORD OF CONVEYANCES OF REAL ESTATE Conveyances to be recorded Imperfect record Blank or master form of instruments may Want of certificate of record. be recorded Unsigned certificate of record Acknowledgment and proof; validation of Recording conveyances lost by fire. certain acknowledgments When mortgage or lien is destroyed Affidavits and acknowledgments by mem United States deeds and patents may be bers of armed forces. recorded Requirements of certificate Indorsement by clerk Certain defects cured as to acknowledg Certified copies of recorded instruments ments and witnesses. may be recorded Certain irregularities as to venue validated Unperformed contracts of record Use of scrawl as seal Instruments relating to real estate to con Prior use of scrawl as seal. tain post-office address of grantee; excep Identity of grantor. tions Proof by others Same; duties of clerks Instruments deemed to be recorded from Same; fees. time of filing Convey;ances to be recorded.-no conveyance, transfer or mortgage of real property, or of any interest therein, nor any lease for a term of one year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law; nor shall any such instrument made or executed by virtue of any power of attorney be good or effectual in law or in equity against creditors or subsequent purchasers for.a valuable consideration and without notice unless the power of attorney be recorded before the accruing of the right of such creditor or subsequent purchaser. Grantees by quit-claim, heretofore or hereafter made, shall be deemed and held to be bona fide purchasers without notice within the meaning of the recording acts ; Provided, however, that this section shall not apply to quit-claims heretofore made, the priority of which shall be contested by suit commenced within one year of the effective date of this law. History.- 4, 9, Nov. 15, 1828; RS 1972; GS 2480; RGS 3822; CGL 5698; 10, ch , Blank or master form of instruments may be recorded.-any person may have a blank or master form of mortgage or other instrument conveying, transferring or reserving an interest in, or creating a lien on, real or personal property, filed, indexed and recorded in the office of the clerk of the circuit court. When any such blank or master form is filed with the clerk of the circuit court, he shall record and index the same in the manner provided by law for recording and indexing mortgages and such other instruments respectively, except that the namt of the person whose name appears on such blank or master form shall be inserted in the indexes as grantor and also as grantee. When any instrument conveying, transferring or reserving an interest in, or creating a lien on, real or personal property, incorporates by reference the provisions, terms, covenants, conditions, obligations, powers and other contents, or any of them, set forth in any such recorded blank or master form, such incorporation by reference, for all purposes, shall be equivalent to setting forth iu extenso in such instrument that which is incorporated by reference. The fee for filing, recording and indexing such blank or master form shall be five dollars; provided, that nothing herein shall be construed as otherwise affecting existing provisions relating to fees for filing, recording and indexing instruments mentioned in this section. History.- 1-4, ch , 1935; CGL 1936 Supp. 5698(1). c! (3), "Person" defined Acknowledgment and proof; validation of certain acknowledgments.-in order to entitle any of the instruments named in and , or any other instrument concerning real property to such record, the execution thereof must be acknowledged by the party executing the same; or the execution thereof by the said party must be proved by a subscribing witness thereto before the officers and in the form and manner following: (1) IN THIS STATE.-If such acknowledgment or proof be made within this state, it may be made before any judge, clerk or deputy clerk of any court of record, or a United States commissioner, or a notary public, or justice of the peace of this state, and the certificate of acknowledgment or proof shall be under the seal of the court or of the officer, as the case may be. (2) WITHOUT THIS STATE BUT WITHIN THE UNITED STATES.-If the acknowledgment or proof be made out of this state but within the United States, it may be made before a commissioner of deeds appointed by the governor of this state, or before a judge or clerk of any court of the United States or of any state, territory or district, having a seal, or before a notary public, justice of the peace, master in chancery, register or recorder of deeds, of such state, territory or district having an official seal, and the certificate of acknowledgment or proof shall be under the seal of the court or officer, as the case may be. (3) IN FOREIGN COUNTRIES.-If the acknowledgment or proof be made in any foreign

11 2511 RECORD OF CONVEYANCES OF REAL ESTATE country, it may be made before any commissioner of deeds appointed by the governor of this state to reside in such country, or before any notary public of such fo1 eign country having an official seal, or before any ambassador, envoy extraordinary, minister plenipotentiary, minister, commissioner, charge d'affaires, consul general, consul, vic-e-consul, consular agent, or any other diplomatic or consular officer of the' United States appointed to reside in such country, military or naval officer authorized by the laws or articles of war of the United States to perform the duties of notary public, and the certificate of acknowledgment or proof shall be under the seal of the officer. All affidavits and acknowledgments heretofore made or taken in the manner set forth above are hereby validated. History.-RS 1973 ; ch. 5404, 1905; GS 2481 ch ; RGS 3823; CGL 5699; am. 7, ch , i945.. ' ct , Duty ot notary public to state time ot expiration ot commission Affidavits and acknowledgments by members of armed forces.- (1) In addition to the manner, form and proof of acknowledgment of instruments as now provided by law, any person serving in or with the armed forces of the United States including the army, navy, marine corps, coast' guard, or any component or any arm or service of any thereof, including any female auxiliary of any thereof, and any person whose duties require his or her presence with the armed forces of the United States, as herein designated, or otherwise designated by law or military or naval command, may acknowledge any instrument, wherever located, either within or without the State of Florida, or without the United States before any commissioned officer in active servic~ of the armed forces of the United States as herein de.s~gnated, or otherwise designated' by law, or m1htary or naval command, or order, with the rank of. second lieutenant or higher in the army or marme corps, or of any component or any arm or service of either thereof, including any female auxiliary of any thereof, or ensign or higher in the navy or United States Coast Guard, or of any component or any arm or service of either thereof, including any female auxiliary of any thereof. (2) The instrument shall not be rendered invalid ~Y the failure to state therein the place of execution or acknowledgment. No authentication of the officer's certificate of acknowledgment or otherwise shall be required, and no seal shall be necessary, but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form: On this day of.., 19, before me the undersigned officer, personally appeared, known to me (or satisfactorily proven) to be serving in or with, or whose duties require his presence with the armed forces of the United States, and to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained, and the undersigned does further certify that he is at the date of this certificate a commissioned officer of the rank stated below and is in the active service of the armed forces of the United States. Signature of commissioned officer. Rank of commissioned officer and command or branch of service to which officer is attached. (3) Such acknowledgments by a married woman, who is a member of the armed forces of the United States, shall be sufficient in all respects to bar the dower, homestead rights or separate property rights of such married woman in any real estate described in the instrument thus acknowledged by her, as fully and completely as though such married woman had acknowledged such instrument as now required by other statutes of Florida. (4) Any instrument or document acknowledged in the manner and form herein provided shall be entitled to be recorded and shall be recorded as in the case of other instruments or documents properly acknowledged. ( 5) This section is to be liberally construed in favor of the validity of any such acknowledgments by any such member of the armed forces of the United States and any acknowledgments heretofore taken, containing words of similar import, are hereby confirmed and declared to be valid and binding. This section shall be construed as an enabling act and as an exception to existing laws rather than, inferentially or otherwise, as a repeal of the same or any part of the same. History.-Transterred from by 7, ch , I Requirements of certificate. - The certificate of the officer before whom the acknowledgment or proof shall be taken shall contain and set forth substantially the matter required to be done or proved to make such acknowledgment or proof effectual. Hlstory RS 1892; GS 2482; RGS 3824; CGL Certain defects cured as to acknowledgments and witnesses.-all deeds, conveyances, bills of sale, mortgages or other transfers of real or personal property within the limits of this state, heretofore or hereafter made and received bona fide and upon good consideration by any corporation, and acknowledged for record before some officer, stockholder or other person interested in the corporation, grantee, or mortgagee as a notary public or other officer authorized to take acknowledgments of instruments for record within this state, shall be held, deemed and taken as valid as if acknowledged by the proper notary public or other officer authorized to take acknowledgments of instruments for record in this state not so interested in said corporation, grantee or mortgagee; and said instrument whenever recorded shall be deemed notice to all persons ; Provided, however, that this section shall not apply to any instrument heretofore made, the

12 RECORD OF CONVEYANCES OF REAL ESTATE 2512' 'validity of which shall be contested by suit commenced within one year of the effective date of this law. History.- 1, ch. 4953, 1901; GS 2483; RGS 3825; 1, ch , 1927; CGL 5701, 5702; 1, ch , 1931; CGL 1936 Supp (1) Certain irregularities as to venue validated.-whenever, in the acknowledgment to any deed or other instrument relating to real estate, heretofore recorded in this state, it shall appear, either from the recitals in such acknowledgment, or following the signature of the officer taking the same, or from the seal of such officer that the said acknowledgment was not taken, or may not have been taken in the place as stated in the caption or ve~ue thereof, said deed or other instrument shall, notwithstanding such irregularity or defect, be deemed and taken as properly ac~ knowledged and of record. History.- 1, ch , 1927; CGL Use of scrawl as seal-a scrawl or scroll, printed or written, affixed as a seal to any written instrument shall be as effectual as a seal. History.- 1, ch. 4148, 1893; GS 2484; RGS 3826; CGL Prior use of scrawl as seal-all written instruments heretofore or hereafter made with a scrawl or scroll, printed or written, affixed as a seal are declared to be sealed instruments, and shall be construed and received in evidence as such in all the courts of this state. Hlstory.- 2, ch. 4148, 1893; GS 2485; RGS 3827; CGL Identify of grantor.-no acknowledgment or proof shall be taken by any officer within or without the United States unless he shall know, or have satisfactory proof, that the person making the acknowledgment is the individual described in and who executed such instrument, or that the person offering to make proof is one of the subscribing witnesses to such instrument. Hlstory RS 1892; GS 2486; RGS 3828; CGL Proof by others.-where the grantors and witnesses of any instrument which may be recorded are dead, or cannot be had, the judge of the circuit court, or the county judge for the county wherein th~ rel;ll property is situated, may take the exammatwn of any competent witness or witnesses, on oath, to prove the handwriting of the witness or witnesses, or where such proof cannot be had, then to prove the handwriting of the grantor or grantors, which shall be certified by the judge, and the instrument being thus proved may be recorded. Hlstory RS 1892; GS 2487; RGS 3829; CGL Instruments deemed to be recorded from time of filing.-all instruments relating to real and personal property which are authorized or required to be recorded shall be deemed to be recorded from time the same are filed with the officer whose duty it is to record the same and as so recorded and transcribed upon the record shall be notice to all persons. History.- 1, ch. 3592, 1885; RS 1977; GS 2488; RGS 3830; CGL 5708; 1, ch , Imperfect record.-whenever any instrument authorized or required by law to be recorded in any county either has been or may be so imperfectly or erroneously recorded as to require a new record thereof, if the officer who so recorded the same be still in office, he shall, upon demand of the owner of such instrument, or person controlling the same, record it anew free of any charge or fee than the fee allowed by law for one perfect record thereof. Hlstory.- 1; ch. 3896, 1889; RS 1978; GS 2489; RGS ljl31; CGL I Want of certificate of record. Whenever any instrument authorized or required by law to be recorded shall appear to be recorded in the appropriate record book in the proper office, whether the record shall be in the handwriting of the officer whose duty it was to record such instrument. or in the handwriting of any other person, the record shall be presumed to have been made by the officer whose duty it was to make it, and the absence of a certificate of such officer that such instrument was recorded by him shall in no wise affect the validity of the record. History.- 1, ch. 3894, 1889; RS 1979; GS 2490; RGS 3832; CGL Unsigned certificate of record. Whenever any unsigned certificate on such record of the instruments mentioned in shall contain the date of filing or of recording such instrument, it shall be prima facie evidence of the time of filing or of recording such instrument. Hlstory.- 2, ch. 3894, 1889; RS 1980; 3833; CGL GS 2491; RGS Recording conveyances lost by fire. -Whenever the record in the office of the clerk of the circuit court of any county in this state of any deed, conveyance, contract, mortgage, deed of trust, map or plat or other instrument in writing affecting real estate in such county has been heretofore destroyed by fire, any such instrument, or a copy thereof from such former record duly certified, may be re-recorded in such county, and in re-r~ cording the same the officer shall record the certificate of the previous record, and the date of filing for record appearing in said original certificate so recorded shall be deemed and taken as the date of the record thereof. And copies of such record so authorized to be made hereunder, duly certified by said officer, under the seal of said court, shall be received in evidence under the same circumstances and conditions under which a certified copy of the original record would be so received, and shall have the same force and effect as a certified copy of the original record. Hlstory.- 1, ch. 4950, 1901; GS 2492; RGS 3834; CGL 5712; am. 7, ch , 1945.

13 2513 RECORD OF CONVEYANCES OF REAL ESTATE When mortgage or lien is destroyed. -Whenever any mortgage or other lien required by law to be recorded, to be good and effectual against creditors or subsequent purchasers for a valuable consideration and without notice, has been heretofore recorded, and the record thereof has been destreyed by fire prior to May 30th, 1901, such mortgage or other lien or a certified copy thereof, as aforesaid shali be re-recorded within nine months fro~ said date, or such mortgage or other lien shall not be good or effectual in law or equity against any creditor or subsequent purchaser for valuable consideration and without notice; provided, however, that if the original instrument of mortgage or other lien has been lost or destroyed, the foregoing provision of this section shall not apply thereto, but such mortgage or other lien shall not be good or effectual in law or equity against creditors, or subsequent purchasers for a valuable consideration and without notice, unless legal proceedings to reestablish the same were begun in the proper court prior to March 3rd, Hl02. Hlstory.- 2, ch. 4950, 1901; GS 2493; RGS 3835; CGL United States deeds and patents may be recorded.-deeds and patents issued by the United States government and photographic copies made by authority of said government from its records thereof in the general land office, embracing lands within the State of Florida, shall be admitted to record in this state in the county or counties where the land lies, when presented to the clerk of the court of the county where same is to be recorded, and when said deeds, patents or photographic copies shall appear to him to be genuine. Hlstory.- 1, ch. 8565, 1921; CGL Indorsement by clerk.-upon recording said deed, patent or certified copy, the clerk of the court shall indorse thereon and also upon the record made by him the following: "This deed and patent (or certified copy as the case may be) having been presented to me on the day ol for record, and same appearing to me t o be genuine and to have been made and issued by the authority of the United States government, I have duly recorded same in on page of the public records of my office. Witness my hand and official seal at Florida, this day of Clerk." Hlstory.- 2, ch. 8565, 1921; CGL Certified copies of recorded instruments may be recorded.-certified copies of deeds, mortgages, powers of attorney and all other instruments of any kind which have been or may hereafter be duly recorded or filed among the public records of any county in this state, may be recorded or re-recorded among the public records of any other county of this state as fully and in the same manner and with like effect as if such certified copy were the original instrument. Hlstory.- 1, ch , 1927; CGL Unperformed contracts of record. Whenever anyone shall have contracte~ to P';lrchase real estate in the State of Flonda, pnor to January 1, 1930, by written!lg:eement requiring all payments to be made w1thm ten years from the date of the contract, or has accepted an assignment of such an agreement, and the fact of the existence of such a contract of purchase or assignment, appears of record from the i~strument itself or by reference in some other recorded instrument, and shall not have obt~ned and placed of record a deed to the property or a decree of a court of competent jurisdiction recognizing his rights thereunto, and is not in actual possession of the property covered by the contract or by the assignment, as defined in he, his widow, heirs, personal representatives, successors and assigns, shall have no further interest in the property described in the contract, or the assignment, by virtue thereof, and the record of such contract, assignment or other record reference thereto, shall no longer constitute either actual or constructive notice to a purchaser, mortgagee, or other person acquiring an interest in the. property unless within six months after this law shali take effect, (approved April 26, 1941) he or some one claiming under him shall: (1) Place on record a deed or other conveyance of the property from the holder of the record title; or (2) Place on record a written instrument executed by the holder of the record title evidencing an extension or modification of the original contract and showing that the original contract remains in force and effect; or (3 ) Institute, or have pending, in a court of competent jurisdiction a suit for the enforcement of his rights under such contract. History.- 1, ch , Instruments relating to real estate to contain post-office address of grantee; exceptions.-after October 1, 1945, it shall be the duty of the several clerks of the circuit courts to ascertain of all persons presenting for public record any instrument other than mortgages conveying or purporting to convey any interest in real estate the correct post-office address of the grantee or grantees named in such instrument, and it shall be the duty of the person presenting such instrument for recordation to furnish such information to said official. Hlstory.- 1, ch , Same; duties of clerks.-after October , the several clerks of the circuit courts ~hall keep and furnish to the respective county tax assessors in the counties where such instruments are recorded a daily schedule of the aforesaid deeds and conveyances so filed for recordation, in which schedule shall be set forth the name of the grantor or grantors, the names and addresses of each grantee and a description