Estates Tail Act 1853
1Interpretation
Start here
Get a plain-English read of 1
Turn the raw legal text into a practical explanation grounded in Estates Tail Act 1853.
1 Interpretation
(1) In this Act, unless the contrary intention appears –
actual tenant in tail means exclusively the tenant of an estate tail which shall not have been barred, and such tenant shall be deemed an actual tenant in tail, although the estate tail may have been divested or turned to a right;
base fee means exclusively that estate into which an estate tail is converted where the issue in tail are barred, but persons claiming estates by way of remainder or otherwise are not barred;
estates includes an estate in equity as well as at law, and any interest, charge, lien, or encumbrance in, upon, or affecting lands, either at law or in equity, and any interest, charge, lien, or encumbrance in, upon, or affecting money subject to be invested in the purchase of lands;
estate tail, in addition to its usual meaning, means a base fee into which an estate tail shall have been converted;
lands includes rents and all hereditaments, whether corporeal or incorporeal, and any undivided share of or in any lands, rents, or hereditaments, corporeal, or incorporeal;
money subject to be invested in the purchase of lands includes money, whether raised or to be raised, and whether the amount thereof be or be not ascertained; and shares in joint stock and other public companies, and real and other securities, the produce of which is directed to be invested in the purchase of lands;
tenant in tail means not only an actual tenant in tail, but also a person who, where an estate tail shall have been barred and converted into a base fee, would have been tenant of such estate tail if the same had not been barred;
the Court means the Supreme Court.
(2) Every assurance already made or hereafter to be made, whether by deed, will, or otherwise, by which lands are or shall be entailed, or agreed or directed to be entailed, shall be deemed a settlement.
(3) Every appointment made in exercise of any power contained in any settlement, or of any other power arising out of the power contained in any settlement, shall be considered part of such settlement, and the estate created by such appointment shall be considered as having been created by such settlement.