in the settlement, but by sub-section 3 a person dealing in good faith with the tenant for life need not enquire respecting the giving of such notice. By section 5, sub-section 1 of the Act of 1884 the notice may be of a general intention to make a sale, exchange, partition, or lease, and under sub-section 3 of the same section. any trustee may waive such notice either in a particular case or generally, and may accept less than a month's notice.

Tenant for

not assignable.

Section 50, sub-section 1 of the Act of 1882 provides that the powers of a tenant for life under the Act are not capable of assignment or release and remain life's powers exercisable by the tenant for life after assignment by operation of law or otherwise of his estate or interest, and (sub-section 2) a contract by a tenant for life not to exercise his powers is void, but (sub-section 3) this section shall operate without prejudice to the rights of an assignee for value of the estate or interest of the tenant for life (i).

Powers of a

tenant for life given to limited

By section 58 of the Act of 1882, certain limited persons other than a tenant for life as defined by section 2, sub-section 5, when entitled beneficially (k), are given the powers of a tenant for life under the Act, viz. (i) a tenant in tail; (ii) a tenant in fee with an executory disposition over on failure of issue or in any owners. other event; (iii) a person entitled to a base fee; (iv) a tenant for years determinable on life not holding merely under a lease at a rent; (v) a tenant for the life of another not holding merely under a lease at a rent; (vi) a tenant for his own or any other life or for years determinable on life whose estate is liable to cease in any event during that life whether by expiration of the estate or by conditional limitation or otherwise or to be defeated by an executory limitation, gift, or disposition over, or is subject to a trust for accumulation of income for payment of debts or other purpose; (vii) a tenant in tail after possibility of issue extinct; (viii) a tenant by the curtesy (1); (ix) a person entitled to the income of land under a trust or direction for payment thereof to him during his own or any other life whether subject to expenses of management or not, or until sale of the land, or until forfeiture of his interest therein on bankruptcy or other event.

By section 59 of the S. L. Act, 1882, where a person who is in his own right seised of or entitled in possession is an infant, then for the purposes of the Act the land is settled land, and the infant shall be deemed tenant for life thereof.

Infant absolutely entitled to be as tenant for life.

(i) See In re Mundy and Roper, [1899] 1 Ch. 275; 68 L. J. Ch. 135; In re Lord Wimborne, [1904] 1 Ch. 537; 73 L. J. Ch. 270; In re Bruen, [1911] 1 Ir. R. 76; In re Mountgarrett and Morris' Contract, [1915] 1 Ch. 443; 84 L. J. Ch. 398. An Assignment by a tenant for life, in consideration of marriage, constitutes one of the instruments creating the Settlement, and is not within the operation of section 50 of the Act of 1882. See section 4 of the Act of 1890.

(k) See In re Jemmett and Guest, [1907] 1 Ch. 629; 76 L. J. Ch. 367, explained and distinguished in In re Johnson, [1914] 2 Ch. 134. As to who are tenants for life or persons having the power of tenants for life, see the following cases: In re Clitheroe Estate, 28 Ch. D. 378, 383; 31 Ch. D. 135, 140; 55 L. J. Ch. 107; In re Carne's S. E., [1899] 1 Ch. 324; 68 L. J. Ch. 120; In re Money Kyrle's S., [1900] 2 Ch. 839; 69 L. J. Ch. 780; In re Llanover's Will, [1903] 2 Ch. 16; 72 L. J. Ch. 406; In re Bond, 48 Sol. J. 192; and In re Summer's S.E., [1911] 1 Ch. 315; 80 L. J. Ch. 257.

(1) See Mogridge v. Clapp, [1892] 3 Ch. 382. By section 8 of the S. L. Act 1884, an estate by the curtesy is to be deemed to be an estate arising under a Settlement made by the wife.

Section 60 provides that the power of an infant tenant for life, or having the Infant tenant powers of a tenant for life, may be exercised by the trustees of the settlement, or for life. if none, then by person appointed by the Court on application of guardian or next friend of the infant (m).

By section 61, sub-section 2 of the S. L. Act, 1882, the powers of a tenant Married for life under the Act are given to a married woman entitled for her separate use women. or as a feme sole, and by sub-section 3 of the same section where she is entitled otherwise than as aforesaid she and her husband shall have the powers of a tenant for life, and by sub-section 6 a restraint on anticipation in the settlement shall not prevent the exercise by her of any power under the Act (n).

By section 62 of the same Act the powers of a lunatic tenant for life may Lunatics. be exercised by the committee of his estate under the order of the Court.

Under section 63, sub-section 1 of the S. L. Act, 1882, with which must be read section 10 of the Conveyancing Act, 1911, where land is subject to a trust for sale and for the application of the income for the benefit of a person or persons for life it is to be deemed settled land, and the person or persons entitled to the income is or are to be deemed tenant or tenants for life and the provisions of the Act are to apply to such person or persons; but by section 7 of the S. L. Act, 1884, the powers so conferred are not to be exercised without the leave of the Court, and by section 6 of the same Act, in the case of a settlement within the meaning of section 63 of the Act of 1882, any consent not required by the terms of the settlement is not by force of anything contained in that Act to be deemed necessary to enable the trustees of the settlement or any other person to execute any of the trusts or powers created by the settlement..

64

The result of sections 6 and 7 of the Act of 1884 is that, until a tenant for life has obtained the leave of the Court" to exercise his powers, trustees, within the meaning of section 63 of the Act of 1882, can sell without the consent of the tenant for life unless such consent is required by the settlement. The order giving "leave" is registered as a lispendens, and on a sale by trustees under a trust for sale a search should be made by the purchaser for such an order.

By section 12 of the Act of 1890, where a sale of settled land is to be made to the tenant for life or a purchase is to be made from him of land to be made subject to the limitations of the settlement, or an exchange is to be made with him of settled land for other land, or a partition is to be made with him of land an undivided share whereof is subject to the limitations of the settlement, the trustees of the settlement shall stand in the place of and represent the tenant for life, and shall, in addition to their powers as trustees, have all the powers of a tenant for life in reference to negotiating and completing the transaction.

(m) On a sale by persons appointed by the Court, where there are no trustees of the Settlement, the purchase money must be paid into Court, In re Dudley, [1887] 35 Ch. D. 338. As to the duties of trustees in exercising the powers of an infant tenant for life, see Stamford v. Warrington, [1916] 1 Ch. 404.

(n) As to married women restrained from anticipation, see Bates v. Kesterton, [1896] 1 Ch. 159; 65 L. J. Ch. 108; and In re Pocock and Prankerd's Contract, [1896] 1 Ch. 302; 65 L. J. Ch. 211; and as to infant married women, see In re Cardross, 7 Ch. D. 728; 47 L. J. Ch. 327, and In re Angibau, 15 Ch. D. 228. As to the effect of a Protection Order under the Matrimonial Causes Act, 1857, see In re Hughes, [1898] 1 Ch. 529.

Section 63 of

S. L. Act,

1882-Land subject to

trust for sale.

Consents.

Result of sections 6 and 7 of the Act

of 1884.

Dealings as between the

tenant for life and the estate.