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FINES AND RECOVERIES (IRELAND) ACT 1834 - SECT 19

The owner of the first existing estate under a settlement, prior to an estate tail under the same settlement, to be the protector of the settlement.

19. If at the time when there shall be a tenant in tail of lands under a
settlement there shall be subsisting in the same lands or any of them under
the same settlement any estate for years determinable on the dropping of a
life or lives, or any greater estate (not being an estate for years), prior to
the estate tail, then the person who shall be the owner of the prior estate,
or the first of such prior estates if more than one, then subsisting under the
same settlement, or who would have been so if no absolute disposition thereof
had been made, (the first of such prior estates, if more than one, being for
all the purposes of this Act deemed the prior estate,) shall be the protector
of the settlement so far as regards the lands in which such prior estate shall
be subsisting, and shall for all the purposes of this Act be deemed the owner
of such prior estate, although the same may have been charged or incumbered,
either by the owner thereof or by the settlor, or otherwise howsoever, and
although the whole of the rents and profits be exhausted or required for the
payment of the charges and incumbrances on such prior estate, and although
such prior estate may have been absolutely disposed of by the owner thereof or
by or in consequence of the bankruptcy or insolvency of such owner or by any
other act or default of such owner; and an estate by the curtesy, in respect
of the estate tail, or of any prior estate created by the same settlement,
shall be deemed a prior estate under the same settlement, within the meaning
of this clause; and an estate by way of resulting use or trust to or for the
settlor shall be deemed an estate under the same settlement within the meaning
of this clause.


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