§ 39-6. Revocation of deeds of future interests made to persons not in esse.
§39‑6. Revocation of deeds of future interests made to persons not inesse.
The grantor in any voluntaryconveyance in which some future interest in real estate is conveyed or limitedto a person not in esse may, at any time before he comes into being, revoke bydeed such interest so conveyed or limited. This deed of revocation shall beregistered as other deeds; and the grantor of like interest for a valuableconsideration may, with the joinder of the person from whom the considerationmoved, revoke said interest in like manner. The grantor, maker or trustor whohas heretofore created or may hereafter create a voluntary trust estate in realor personal property for the use and benefit of himself or of any other personor persons in esse with a future contingent interest to some person or personsnot in esse or not determined until the happening of a future event may at anytime, prior to the happening of the contingency vesting the future estates,revoke the grant of the interest to such person or persons not in esse or notdetermined by a proper instrument to that effect; and the grantor of likeinterest for a valuable consideration may, with the joinder of the person fromwhom the consideration moved, revoke said interest in like manner: Provided,that in the event the instrument creating such estate has been recorded, thenthe deed of revocation of such estate shall be likewise recorded before itbecomes effective: Provided, further, that this section shall not apply to anyinstrument hereafter executed creating such a future contingent interest whensaid instrument shall expressly state in effect that the grantor, maker, ortrustor may not revoke such interest: Provided, further, that this sectionshall not apply to any instrument heretofore executed whether or not suchinstrument contains express provisions that it is irrevocable unless thegrantor, maker, or trustor shall within six months after the effective date ofthis proviso either revoke such future interest, or file with the trustee aninstrument stating or declaring that it is his intention to retain the power torevoke under this section: Provided, further, that in the event the instrumentcreating such estate has been recorded, then the revocation or declarationshall likewise be recorded before it becomes effective. (1893,c. 498; Rev., s. 1045; C.S., s. 996; 1929, c. 305; 1941, c. 264; 1943, c. 437.)