13Where there is a protector, his consent requisite to enable actual tenant in tail to create larger estate than base fee

13 Where there is a protector, his consent requisite to enable actual tenant in tail to create larger estate than base fee

[Section 13 Amended by 25 Geo. V No. 78 ]

(1)  If any person, actual tenant in tail of lands under a settlement but not entitled to the remainder or reversion in fee immediately expectant on the determination of his estate tail, shall be desirous of making under this Act a disposition of the lands entailed, and there shall be a protector of such settlement, the consent of such protector shall be requisite to enable such actual tenant in tail to dispose of the lands entailed to the full extent to which he is hereinbefore authorized to dispose of the same.

(2)  Such actual tenant in tail may, without such consent, make a disposition under this Act of the lands entailed, which shall be good against all persons who, by force of any estate tail which shall be vested in or might be claimed by, or which but for some previous Act or default would have been vested in or might have been claimed by, the person making the disposition at the time of his making the same, shall claim the lands entailed.