(Amendment).

(Amendment).

S. 27

·

·

66

At the end of subsection (1) there shall be 5
inserted the words "and a fee simple
subject to a legal or equitable right
"of entry or re-entry is for the
purposes of this Act a fee simple
"absolute."

For subsection (3) the following subsection shall be substituted :

10

"(3) Trustees for sale shall so far as practicable consult the persons of full age for the time being beneficially 15 interested in possession in the rents and profits of the land until sale, and shall, so far as consistent with the general interest of the trust, give effect to the wishes of such persons, or, in the 20 case of dispute, of the majority (according to the value of their combined interests) of such persons, but a purchaser shall not be concerned to see that the provisions of this subsection 25 have been complied with."

(Amendment).

(a) an undivided share was subject
to a settlement, and

(b) the settlement remains sub-
sisting in respect of other pro-
perty, and

(c) the trustees thereof are not the
same persons as the trustees for
sale,

then the statutory trusts include a trust
for the trustees for sale to pay the
proper proportion of the net proceeds of
sale or other capital money attributable
to the share to the trustees of the
settlement to be held by them as capital
money arising under the settled Land
Act, 1925."

At the end of subsection (2) the following
words shall be inserted :-

"Nothing in this Act affects the right
of a survivor of joint tenants, who is
solely and beneficially interested, to
deal with his legal estate as if it were

A.D. 1926.

(Amendment).

"The divesting of a legal estate by virtue of this paragraph shall not where the person from whom the estate is so divested was a trustee operate to pre- 30 vent the legal estate being conveyed, or a legal estate being created, by him in favour of a purchaser for money or money's worth, if the purchaser has no notice of the trust and if the documents 35 of title relating to the estate divested are produced by the trustee or by persons deriving title under him." At the end of paragraph 7 there shall be inserted the following paragraph :

40

"(m) To vest in any person any legal estate affected by any rent covenants or conditions if, before any proceedings are commenced in respect of the rent covenants or conditions, and before any 45 conveyance of the legal estate or dealing therewith inter vivos is effected, he or his personal representatives disclaim it in writing signed by him or them."

(Amendment).

At the end of paragraph 3 the following
new paragraph shall be inserted :-

“4. Where, immediately before the
commencement of this Act, there are
two or more tenants for life of full age
entitled under the same settlement in
undivided shares, and, after the cesser
of all their interests in the income of
the settled land, the entirety of the land
is limited so as to devolve together (not
in undivided shares), their interests
shall, but without prejudice to any
beneficial interest, be converted into a
joint tenancy, and the joint tenants and
the survivor of them shall until the said
cesser occurs, constitute the tenant for
life for the purposes of the Settled Land

A.D. 1926.