69Shifting of incumbrances

69 Shifting of incumbrances

Where there is an incumbrance affecting any part of the settled land (whether capable of being overreached on the exercise by the tenant for life of his powers under this Act or not), the tenant for life may with the consent of the incumbrancer and with the consent of the trustees of the settlement or order of the Court charge that incumbrance on any other part of the settled land, or on all or any part of the capital money or securities representing capital money subject or to become subject to the settlement, whether already charged therewith or not, in exoneration of the first mentioned part, and, by a mortgage, or otherwise, make provision accordingly.

No. 3771 s. 70.