AustLII Tasmanian Consolidated Acts

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ESTATES TAIL ACT 1853

- Act 8 of 1853
- Royal Assent 29 September 1853

TABLE OF PROVISIONS

           Long Title

   1.      1. Interpretation
   2.      2. How actual tenant in tail may dispose of entailed lands
   3.      3. Power of disposition not to extend to tenant in tail after
           possibility of issue extinct, &c.
   4.      4. Extent of the estate created by a tenant in tail by way of
           mortgage or for any other limited purpose
   5.      5. The owner of the first freehold estate under a settlement
           prior to an estate tail under the same settlement to be protector
           of the settlement
   6.      6. Each of 2 or more owners of prior estate to be sole
           protector as to his share
   7.      7. 
   8.      8. Lessee at rent created by settlement not protector
   9.      9. No bare trustee or executor, &c., to be protector
   10.     10. Who shall be protector when owner of prior estate excluded
           by sections 8 and 9
   11.     11. Power of settlor to appoint protector
   12.     12. In cases of lunacy, treason, or felony, &c., Court to
           be protector
   13.     13. Where there is a protector, his consent requisite to enable
           actual tenant in tail to create larger estate than base fee
   14.     14. Where base fee and protector, his consent required to
           exercise of power of disposition
   15.     15. Protector subject to no control in exercise of his power of
           consenting
   16.     16. A voidable estate by tenant in tail in favour of purchaser
           confirmed by subsequent disposition of tenant in tail under this
           Act, but not against a purchaser without notice
   17.     17. Base fee when united to immediate reversion enlarged instead
           of being merged
   18.     18. Tenant in tail to make disposition by deed as if seised in
           fee, but not by will or contract
   19.     19. Assurance by tenant in tail (except certain leases)
           inoperative unless registered
   20.     20. Consent of protector to be given by same assurance or by
           prior or contemporaneous distinct deed
   21.     21. If by distinct deed, consent deemed unqualified unless
           limited to particular assurance
   22.     22. Protector may not revoke consent
   23.     23. Married woman may consent as a feme sole
   24.     24. Consent by distinct deed void unless registered
   25.     25. Courts of equity excluded from giving effect to dispositions
           which in courts of law would not be effectual
   26.     26. Court, when protector, may consent to disposition and make
           necessary orders, and disposition not valid without consent of joint
           protector, if any
   27.     27. Order of Court to be evidence of consent
   28.     28. Act to apply to lands to be sold where purchase-money
           subject to be invested in purchase of lands to be entailed, and
           also to money subject to be invested in like manner
   29.     29. Deed required to be registered under Act to be void against
           claimant for valuable consideration under subsequent deed if latter
           first registered
   30.     30. 
   31.     31. Short title

[ Note: This table has been automatically generated and may be incomplete. ]



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