247Limitations made before the passing of the Real Property Statute 1864

247 Limitations made before the passing of the Real Property Statute 1864 Where any assurance executed before the first day of June One thousand eight hundred and sixty-four or the will of any person who has died before the second day of June One thousand eight hundred and sixty-four contains any limitations or gift to the heir or heirs of any person under which the person or persons answering the description of heir is entitled to an estate by purchase, then the person or persons who would have answered such description of heir if the "Real Property Statute 1864" had not been made shall become entitled by virtue of such limitation or gift, whether the person named as ancestor was or was not living on or after the second day of June One thousand eight hundred and sixty-four. Part VI—Estates tail[[49]](#endnote-50) No. 3754 s. 247. 248 Definitions In this Part unless inconsistent with the context or subject-matter— ***bankrupt*** includes ***insolvent***; ***bankruptcy*** includes ***insolvency*** and ***trustee*** includes an assignee official receiver or other person having in the bankruptcy the powers of trustee; ***estate*** includes an estate in equity as well as at law and any interest charge right title lien or incumbrance either at law or in equity and whether present or vested or future or contingent in upon or affecting land and any interest charge lien or incumbrance in upon or affecting money subject to be invested in the purchase of land; ***estate tail*** includes a base fee into which an estate tail has been converted; ***land*** includes messuages lands tenements rents and hereditaments whether corporeal or incorporeal and any undivided share thereof; ***money subject to be invested in the purchase of land*** includes money whether raised or tobe raised and whether the amount thereof is or is not ascertained; and extends to Government and real and other securities the produce of which is directed to be invested in the purchase of land; ***tenant in tail*** includes a person who where an estate tail has been barred and converted into a base fee would have been tenant of such estate tail if the same had not been barred. And every assurance already made or hereafter tobe made whether by deed will settlement or otherwise by which land is entailed or agreed ordirected to be entailed shall be deemed a settlement; and 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 aspart of such settlement; and the estate created by such appointment shall be considered as having been created by such settlement; and where any such settlement is made by will the time of the death of the testator shall be considered the time when such settlement was made. No. 3754 s. 248. 249 Tenancies in tail to pass the fee-simple Subject to the provisions of section one hundred and thirty of this Act in respect of instruments coming into operation after the commencement ofthis Act where any limitation which would previous to the passing[[50]](#endnote-51) of the Act No. 872 have limited to any person an estate tail whether legal or equitable in any land is made after the passing of the said Act, such limitation shall be deemed to give to such person an estate in fee-simple (legal or equitable as the case may be) in such land. No. 3754 s. 249. 250 Where successive life estates are given to parent and child with estate tail to grandchild parent and child may bar the entail as if the estate tail were given to the child Where under any will or settlement executed before the passing of the Act No. 872[[51]](#endnote-52) an estatefor life in any land is given to any person, followed by an estate for life in remainder to anychild of such person and ultimately or immediately by an estate tail in remainder to any grandchild of such person, when such child attains the age of twenty‑one years, such person and the child of such person may together bar the entail and dispose of the estate as fully and effectually as if the estate given to the child had been instead of an estate for life an estate tail similar to the estate tail given to the grandchild; and this provision shall extend to equitable as well as to legal estates. No. 3754 s. 250.