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SETTLED LAND ACT 1882 - SECT 56

Saving for other powers.

56.(1) Nothing in this Act shall take away, abridge, or prejudicially affect
any power for the time being subsisting under a settlement, or by statute or
otherwise, exerciseable by a tenant for life, or by trustees with his consent,
or on his request, or by his direction, or otherwise; and the powers given by
this Act are cumulative.

(2) But, in case of conflict between the provisions of a settlement and the
provisions of this Act, relative to any matter in respect whereof the tenant
for life exercises or contracts or intends to exercise any power under
this Act, the provisions of this Act shall prevail; and, accordingly,
notwithstanding anything in the settlement, the consent of the tenant for life
shall, by virtue of this Act, be necessary to the exercise by the trustees of
the settlement or other person of any power conferred by the settlement
exerciseable for any purpose provided for in this Act.

(3) If a question arises, or a doubt is entertained, respecting any matter
within this section, the Court may, on the application of the trustees of the
settlement, or of the tenant for life, or of any other person interested, give
its decision, opinion, advice, or direction thereon.

© 1882 Crown Copyright

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