37Interpretation

#### 37 Interpretation 37 Interpretation > > (1) The word settlement as used in this part shall signify any Act of Parliament, deed, agreement, will, or other instrument, or any number of such instruments, under or by virtue of which any hereditaments or any estate or interest in land stand for the time being limited to or in trust for any persons by way of succession, including any such instruments affecting the estates of any one or more of such persons exclusively. > > > (2) The term settled estates as used in this part shall signify all hereditaments of any tenure, and all estates or interests in any such hereditaments which are the subject of a settlement. > > > (3) For the purposes of this part a tenant in tail after possibility of issue extinct shall be deemed to be a tenant for life. > > > (4) All estates or interests in remainder or reversion not disposed of by the settlement and reverting to the settlor or descending to the heir of a testator or passing to his personal representatives or next of kin under the law relating to the descent and distribution of the real estate of intestates shall be deemed to be estates coming to such settlor, heir, personal representative, or next of kin under and by virtue of the settlement. > > > (5) Land and any estate or interest therein which is the subject of a settlement is for the purposes of this part settled land. > > > (6) In determining what are settled estates within the meaning of this part the Court shall be governed by the state of facts and by the trusts or limitations of the settlement at the time of the said settlement taking effect. > > > (7) Where a person in his own right seised or beneficially entitled to land for an estate in fee simple or for any leasehold interest at a rent is a minor, such land or leasehold interest shall be deemed to be settled estate within the meaning of this part. > > > (8) The expression The Court in this part shall mean the Supreme Court. > > > (9) For the purposes of this part a person shall be deemed to be entitled to the possession or to the receipt of the rents and profits of settled land, although his estate may be charged or encumbered either by himself or by the settlor or otherwise howsoever to any extent, but the estates or interests of the parties entitled to any such charge or encumbrance shall not be affected by the acts of the persons entitled to the possession or to the receipt of the rents and profits as aforesaid unless they concur therein. > > **s 37:** Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1970 No 60, First Sch.