Estates Tail Act 1853
11Power of settlor to appoint protector
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11 Power of settlor to appoint protector
[Section 11 Amended by 25 Geo. V No. 78 ]
(1) It shall be lawful for any settlor entailing lands to appoint, by the settlement by which the lands shall be entailed, any number of persons in esse, not exceeding 3, and not being aliens, to be protector of the settlement in lieu of the person who would have been the protector if this section had not been inserted, and either for the whole or any part of the period for which such person might have continued protector, and by means of a power to be inserted in such settlement to perpetuate during the whole or any part of such period the protectorship of the settlement in any one person or number of persons in esse (not being aliens) whom the donee of the power shall think proper by deed to appoint protector of the settlement in place of any persons who shall die or shall by deed relinquish the office of protector.
(2) Any person so appointed shall in case of there being no other person then protector of the settlement, be the protector, and shall, in case of there being any other person then protector of the settlement, be protector jointly with such other person.
(3) By virtue or means of any such appointment the number of the persons to compose the protector shall never exceed 3.
(4) Every deed by which a protector shall be appointed under a power in a settlement, and every deed by which a protector shall relinquish his office, shall be void unless a copy thereof be registered in the office of the Registrar of Deeds within 12 months after the execution thereof.
(5) The person who but for this section would have been the sole protector of the settlement may be one of the persons to be appointed protector under this section, if the settlor shall think fit, and shall, unless otherwise directed by the settlor, act as sole protector if the other persons constituting the protector shall have ceased to be so by death or relinquishment of the office by deed, and no other person shall have been appointed in their place.