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SETTLED LAND ACT 1882 - SECT 51

Prohibition or limitation against exercise of powers void

51.(1) If in a settlement, will, assurance, or other instrument executed or
made before or after, or partly before and partly after, the commencment of
this Act a provision is inserted purporting or attempting, by way of
direction, declaration, or otherwise, to forbid a tenant for life to exercise
any power under this Act, or attempting, or tending, or intended, by a
limitation, gift, or disposition over of settled land, or by a limitation,
gift, or disposition of other real or any personal property, or by the
imposition of any condition, or by forfeiture, or in any other manner
whatever, to prohibit or prevent him from exercising, or to induce him to
abstain from exercising, or to put him into a position inconsistent with his
exercising, any power under this Act, that provision, as far as it purports,
or attempts, or tends, or is intended to have, or would or might have, the
operation aforesaid, shall be deemed to be void.

(2) For the purposes of this section an estate or interest limited to continue
so long only as a person abstains from exercising any power shall be and take
effect as an estate or interest to continue for the period for which it would
continue if that person were to abstain from exercising the power, discharged
from liability to determination or cesser by or on his exercising the same.


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© 1882 Crown Copyright

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