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TRUSTEE ACT 1850 - SECT 2

Interpretation of terms.

2. ... The several words herein-after named are herein used and applied in the
manner following respectively; (that is to say,)

The word "lands" shall extend to and include manors, messuages, tenements, and
hereditaments, corporeal and incorporeal, of every tenure or description,
whatever may be the estate or interest therein:

The word "stock" shall mean any fund, annuity, or security, transferable in
books kept by any company or society established or to be established, or
transferable by deed alone, or by deed accompanied by other formalities, and
any share or interest therein:

The word "seised" shall be applicable to any vested estate for life or of a
greater description, and shall extend to estates at law and in equity, in
possession or in futurity, in any lands:

The word "possessed" shall be applicable to any vested estate less than a life
estate, at law or in equity, in possession or in expectancy, in any lands:

The words "contingent right" as applied to lands, shall mean a contingent or
executory interest, a possiblity coupled with an interest, whether the object
of the gift or limitation of such interest or possibility be or be not
ascertained, also a right of entry, whether immediate or future, and whether
vested or contingent:

The words "convey" and "conveyance" applied to any person, shall mean the
execution by such person of every necessary or suitable assurance for
conveying or disposing to another lands whereof such person is seised or
entitled to a contingent right, either for the whole estate of the person
conveying or disposing or for any less estate, together with the performance
of all formalities required by law to the validity of such conveyance,
including the acts to be performed by married women and tenants in tail in
accordance with the provisions of the Fines and Recoveries Act, 1833 ...:

The words "assign" and "assignment" shall mean the execution and performance
by a person of every necessary or suitable deed or act for assigning,
surrendering, or otherwise transferring lands of which such person is
possessed, either for the whole estate of the person so possessed, or for any
less estate:

The word "transfer" shall mean the execution and performance of every deed and
act by which a person entitled to stock can transfer such stock from himself
to another:

[The words "the High Court" shall mean Her Majesty's High Court of Justice in
Northern Ireland:]

The word "trust" shall not mean the duties incident to an estate conveyed by
way of mortgage; but, with this exception, the words "trust" and "trustee"
shall extend to and include implied and constructive trusts, and shall extend
to and include cases where the trustee has some beneficial estate or interest
in the subject of the trust, and shall extend to and include the duties
incident to the office of personal representative of a deceased person:

The word "lunatic" shall mean any person who shall have been found to be a
lunatic upon a commission of inquiry in the nature of a writ de lunatico
inquirendo:

The expression "person of unsound mind" shall mean any person, not an infant,
who, not having been found to be a lunatic, shall be incapable, from infirmity
of mind, to manage his own affairs:

Definition rep. by SLR 1894

The word "mortgage" shall be applicable to every estate, interest or property,
in lands or personal estate, which would in a court of equity be deemed merely
a security for money:

The word "person" used and referred to in the masculine gender shall include a
female as well as a male, and shall include a body corporate:

And generally, unless the contrary shall appear from the context, every word
importing the singular number only shall extend to several persons or things,
and every word importing the plural number shall apply to one person or thing,
and every word importing the masculine gender only shall extend to a female.

© 1850 Crown Copyright

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