VICIn ForceAct
Property Law Act 1958
259Equity excluded from giving any effect to dispositions by tenants in tail which in courts of law would not be effectual
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259 Equity excluded from giving any effect to dispositions by tenants in tail which in courts of law would not be effectual
In cases of dispositions of lands under this Part by tenants in tail thereof, the jurisdiction of equity shall be altogether excluded, either on the behalf of a person claiming for a valuable or meritorious consideration or not, in regard to the specific performance of contracts and the supplying of defects in the execution of the powers of disposition given by this Part to tenants in tail and the supplying under any circumstances of the want of execution of such powers of disposition; and in regard to giving effect in any other manner to any act or deed by a tenant in tail which in a court of law would not be an effectual disposition under this Part; and no disposition of land under this Part by a tenant in tail thereof in equity shall be of any force unless such disposition would in case of an estate tail at law be an effectual disposition under this Part in a court of law.
No. 3754 s. 259.
260 Trustee in bankruptcy in the case of the bankruptcy of a tenant in tail by deed to dispose of the land of the bankrupt to a purchaser
Whenever an order is made placing the estate of any bankrupt under sequestration for the benefit of his creditors, it shall be lawful for the trustee in bankruptcy by deed to dispose of any land of which the bankrupt (either at the time of making such order or at any time afterwards before he has obtained his discharge or certificate) is a tenant in tail, to a purchaser for valuable consideration for the benefit of the creditors of such bankrupt tenant in tail, and such disposition shall create as large an estate in the land disposed of as the tenant in tail, if he had not become bankrupt could have created or done under this Part by a deed duly acknowledged; and no deed by which such trustee shall under this Part dispose of land shall require acknowledgment by any person.
No. 3754 s. 260.
261 A voidable estate created in favour of a purchaser by a tenant in tail becoming bankrupt confirmed by the disposition of the trustee
Where a tenant in tail of land has already created or hereafter creates in such land a voidable estate in favour of a purchaser for valuable consideration and such tenant in tail has his estate sequestrated under any such order as aforesaid and the trustee makes any disposition under this Part of the land in which such voidable estate is created, then and in such case the disposition by such trustee shall have the effect of confirming such voidable estate in the land thereby disposed of to its full extent as against all persons except those whose rights are saved by this Part: Provided always that if the disposition by the trustee is made to a purchaser for valuable consideration who has not express notice of the voidable estate, then and in such case the voidable estate shall not be confirmed against such purchaser and the persons claiming under him.
No. 3754 s. 261.