Entail - Law Dictionary Search Results
Recovery
statute De Donis, whereby a tenant-in-tail in possession enlarged his estate-tail into a fee-simple and so barred the entail, and all remainders and reversions expectant there-on, with all conditions and collateral limitations annexed to them, and subsequent
Tail after possibility of issue extinct, Tenant in
Tail after possibility of issue extinct, Tenant in. This estate arises out of a special entail as to the parentage of the issue, when the express condition has become impossible by reason of death.
Perpetuity
instrument exercising it. The following limitations are exempt from the per-petuity rule:- (1) A limitation expectant upon an entail, for it can be destroyed by barring the entail; but should the entail be preceded by a term
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Statutory trusts
unless a contrary direction appears in the trust instrument. By the (English) Law of Property (Entailed Interests) Act, entailed interests in undivided shares of land are to be treated and held as entailed interests in the proceeds
Base fee
be. As where a tenant-in-tail, with remainder to a stranger, conveys the fee-simple to another in the property entailed upon him, such other takes a qualified fee by legal construction, determinable on the death of the tenant-in-tail
Contravention
an act done in violation of a legal condition or obligation; particularly any act by an heir of entail in opposition to the provisions of the deed of entail; also, the action founded on the breach of
Disentailing Deed
41, and R.S.C., Ord. LXI., r. 9). If there is a protector (q.v.) under the instrument creating the entail, his consent must be obtained, otherwise an equitable interest corresponding to a base fee only will be created.
Protector of the settlement
of the settlement. The person whose con-sent is required to enable a remainderman in tail to bar the entail. In the absence of such consent the remainderman can only bar his own issue and create a Base
Wills
tail. By the (English) Law of Property Act, 1925, s. 176, a tenant-in-tail in possession may bar the entail by disposing of the entailed property by his will if executed, confirmed or republished after 1925, by a
Real representative
entitled.' Real estate over which a person exercises a general power of appointment by his will and an entailed interest disposed of by will under the statutory power [(English) L.P. Act, 1925, s. 176] devolve upon the
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