that his powers are extinguished (9), under the doctrine of Merger, but this is not so if part only of his life estate is surrendered (r).

SECTION 4.

TRUSTEES FOR THE PURPOSES OF THE SETTLED LAND ACTS.

The following persons are trustees for the purposes of the Settled Land Acts:

(1) The persons who are by the settlement declared to be trustees thereof for the purposes of the Acts (s).

(2) The persons, if any, who are for the time being under the settlement trustees with power of or power to consent to a sale of the settled land (s), or with future power of sale, or under a future trust for sale, or with power of consent to the exercise of such future power, and whether the power or trust takes effect in all events or not (t).

(3) The persons, if any, who are for the time being under the settlement trustees, with power

of or upon trust for sale of any other land comprised in the settlement and subject to

(4) In re Mundy and Roper's Contract, [1899] 1 Ch. 297; but cf. Re Marshall's Settlement, [1905] 2 Ch. 325.

(r) In re Barlow's Contract, [1903] 1 Ch. 382.

(8) Settled Land Act, 1882, s. 2 (8).

(t) Settled Land Act, 1890, s. 16 (2).

the same limitations as the land to be sold, or with power of consent to the exercise of such a power of sale (u).

(4) Trustees appointed upon summons by a judge in chambers under s. 38 of the principal Act. The tenant for life, before exercising his power of sale, must give not less than one month's notice of his intention to the trustees and also to their solicitor (x), but a general notice is sufficient without specifying any specific sale which may be contemplated at the time (y), and the trustees may by writing waive notice in any particular case or generally, and may accept less than one month's notice (z).

The purchaser is not concerned to inquire whether due notice has been given (a).

The number of trustees must not be less than two, unless a contrary intention is expressed in the settlement (b).

The purchase-money may be paid into court or to the trustees at the option of the tenant for life (c), but in practice. the latter course is generally adopted, and in that case the trustees must join in the conveyance in order to give the purchaser a receipt for the purchase-money (d). Whichever course is

(u) Settled Land Act, 1890, s. 16 (1); Moon v. Bigg, [1906] 1 Ch. 789.

(x) Settled Land Act, 1882, s. 45 (1). (y) Settled Land Act, 1884, s. 5 (1).

(z) Ibid., s. 5 (3).

(a) Settled Land Act, 1882, s. 45 (3).

(b) Ibid., ss. 39, 45 (2).

(c) Ibid., s. 22.

(d) Ibid., s. 40.

adopted, it is necessary that there should be trustees of the settlement in existence; 'and the purchaser, before completing, must ascertain that there are duly appointed trustees for the purposes of the Act (e), although, of course, the contract of sale is good notwithstanding the non-existence of trustees.

A tenant for life of settled land which is subject to a trust for sale exercisable after his death can be a trustee of the settlement for the purposes of the Settled Lands Act (ƒ).

SECTION 5.

POWERS OF SETTLED LAND ACT TRUSTEES.

As a general rule, the trustees have nothing to do with the sale except to receive notice of the tenant for life's intention to sell, and to give a receipt for the purchase-money, although, if they consider the sale improvident, they have power to submit the matter to the court (g). They are not parties to the sale, and their consent is quite unnecessary. To this rule, however, there are two important exceptions: (1) When the principal mansion-house on any settled land, which is not usually occupied as a farm-house, together with pleasure-grounds, park and lands usually occupied therewith, exceeding twenty-five acres in extent are to be sold, the consent of the trustees is

(e) Mogridge v. Clapp, [1892] 3 Ch., at p. 400; In re Fisher and Grazebrook's Contract, [1898] 2 Ch. 660.

(f) In re Jackson's Settled Estate, [1902] 1 Ch. 258. (g) Settled Land Act, 1882, s. 44.

necessary (h). (2) when the tenant for life is himself the purchaser, in which case the trustees stand in place of the tenant for life as vendor (i).

SECTION 6.

COMPOUND SETTLEMENTS.

Reference has already been made to compound settlements, and it has been pointed out that in ascertaining what estates and interests the tenant for life can overreach by the sale, it is necessary to determine how the settlement is constituted, and that the settlement may be constituted by any number of instruments. There may, for instance, be-(1) a will or deed creating a strict settlement with the usual powers of jointuring and limiting terms for securing portions; (2) deeds charging jointures and portions in exercise of those powers; (3) a disentailing assurance reserving the usual joint power of appointment; and (4) a resettlement in exercise of such joint power of appointment. This series of instruments, being all connected together, may be treated as one compound settlement. Thus, in In re Marquis of Ailesbury and Iveagh (k), it was held that the compound settlement was made. up of a series of instruments beginning with a deed in the year 1796 and ending with a deed in the year 1885. There may at the same time be a more comprehensive settlement consisting of several deeds,

(h) Settled Land Act, 1890, s. 10.

(i) Ibid., s. 12.

(k) [1893] 2 Ch. 345; followed in Re Phillimore, [1904] 2 Ch. 460.

and a less comprehensive settlement constituted by one of the deeds only (1). For example, if A., the tenant for life under the original settlement which forms the first of the series, is also tenant for life under the resettlement which forms the last of the series, he may either sell as tenant for life under the compound settlement, or under the original settlement alone, or under the resettlement (m). It has, however, been recently held that if the resettlement restores the old life estate, i.e., if the life estate is in terms limited to A. "in restoration and by way of continuance and confirmation of his former life estate," A. cannot sell as tenant for life under the resettlement alone with the concurrence of incumbrancers who have priority to the resettlement (n). The judgment seems to imply that the vendor in that case could not have sold under the original settlement alone, but since there were no trustees of the original settlement for the purposes. of the Settled Land Acts the point did not really arise.

If the sale is made under a settlement constituted

by a series of instruments it is generally necessary to obtain the appointment by the court of trustees of the compound settlement so constituted (o). A

(1) In re Mundy and Roper's Contract, [1899] 1 Ch., at p. 295. (m) In re Lord Wimborne and Browne's Contract, [1904] 1 Ch. 537.

(n) In re Cornwallis-West and Munro's Contract, [1903]

2 Ch. 150.

(0) In re Marquis of Ailesbury and Lord Ireagh, [1893] 2 Ch., at p. 358; In re Mundy and Roper's Contract, [1899] 1 Ch., at p. 281.