original trust riage. Sometimes the object above referred to is attained Sometimes the by making the trust fund divisible under the terms of is for children the original trust among the children of the wife or by any marhusband, as the case may be, by any marriage. If this is done, care should be taken to insert a power to the settlor to revoke, in case of there being a failure of issue of the first marriage. where children are to take equally. Where the property to be settled consists of land, Form of settleand it is desired to settle it so that the children shall ment of land, take equally, the proper mode of attaining that object is by conveying it to trustees in trust for sale, either at once, or after limitations to the husband and wife successively for life, and then settling the proceeds as personal estate, with a proviso that, until sale, the rents and profits shall be paid and applied in the same manner as the income of the proceeds would be applicable if a sale had been made. The trust for sale is mere machinery to effect a division of the property, without the necessity of the complicated and inconvenient limitations which would be necessary if the land were settled as real estate. ment. In the case of an old family estate, it is generally Strict settlewished to make what is called a strict settlement, i. e., to limit it after the decease of the settlor to the first and other sons successively according to seniority in tail male, charged with an annual sum by way of jointure to the wife if she survives her husband, and with portions for the younger sons and daughters of the marriage. leasing, sale, recent Act. Before the passing of the Settled Land Act, 1882, Powers of it was usual and proper to insert in settlements of this &c., generally kind powers enabling the tenant for life to grant leases, introduced and enabling the trustees, on the request of the tenant ments before for life, to sell and exchange, and where the nature of the property required, to enfranchise copyholds held of a settled manor, and to make partitions. In the absence of such powers, it was necessary to apply to the Court whenever it was wished to lease for more than twenty-one years, or to sell or exchange, or make a partition. But it is now provided by the Settled Land Act, Powers given by Settled tenant for life. Land Act to a 1882 (u), which commenced from the 31st December, 1882, that every tenant for life under a settlement, whether made before or after the commencement of the Act, may sell the settled land or any easement, right, or privilege of any kind over or in relation to the same, may enfranchise copyholds held of any settled manor, may make exchanges and partitions, may grant leases in the case of a building lease, for ninety-nine years, of a mining lease for sixty years, and of any other lease for twenty-one years—may grant licences to copyholders to lease, and may raise money for equality of exchange or partition by mortgage, subject as to all these powers to the conditions prescribed by the Act (x). But the principal mansion house on any settled land, and the demesnes thereof, and other lands usually occupied therewith, cannot be sold or leased by the tenant for life without the consent of the trustees or an order of the Court (y). How capital money arising be applied. The moneys to arise on any sale, &c., and all other under Act may moneys coming within the description of capital money arising under the Act, are to be paid either to the trustees of the settlement or into Court at the option of the tenant for life (z), but there must be at least two trustees to receive it, unless the settlement authorizes the receipt of capital money by one (a). The money, when received, may be invested or applied in various modes specified in the Act, including securities authorized by law or by the terms of the settlement, the discharge of incumbrances, the payment for improvements on the settled estate, the purchase of the seignory of any settled land, or of the reversion of settled leaseholds, the purchase of land in fee simple or copyhold land, or leasehold land held for at least sixty years, and the purchase of mines and minerals, either in fee simple, or for a term of sixty years or more (b). All such money and all securities on which it may be invested will be considered as land, and will go and (u) 45 & 46 Vict. c. 38. The Act is printed at length in an Appendix to this volume. (x) Sects. 3 to 20 inclusive. (y) Sect. 15. (b) Sects. 21, 23, 24. devolve as the land wherefrom the money has arisen. would have gone under the settlement (c). spent in The Act specifies what are to be deemed improve- Money may be ments, and enables the trustees or the Court to apply improvements capital money in payment for them on a certificate of under Act. the Land Commissioners and of a competent engineer nominated by the trustees and approved by the commissioners or by the Court, or on an order of the Court (d). The tenant for life is bound to maintain and repair all improvements, and in some cases to insure, and on failing so to do will be liable to an action by any person interested in the settled estate (d). timber with sell settled A tenant for life impeachable for waste in respect of Tenant for life timber is authorized to cut and sell timber ripe and fit matte for cutting with the consent of the trustees or under consent, and an order of the Court (e). A tenant for life may also, heirlooms. with the sanction of the Court, sell personal chattels settled as heirlooms (f). trustees for The persons (if any) who under a settlement are Who are trustees with a present power of sale, or of con- the purposes senting to a sale, or if there are no such trustees, the of the Act. persons who are by the settlement declared to be trustees thereof for the purposes of the Act, are for purposes of the Act trustees of the settlement (g). If there are no such trustees the Court may appoint them on the application of the tenant for life or other person interested (h). between and trustees to If at any time a difference arises between a tenant Differences for life and the trustees of the settlement respecting tenant for life the exercise of any of the powers of the Act, the be settled by Court may, on the application of either party, give Court. directions respecting the matter in difference and respecting the costs of the application (i); and a tenant for life, when intending to make a sale, ex (c) Sect. 22, sub-s. 5. (g) Sect. 2, sub-s. 8. (h) Sect. 38. In a recent case North, J., exercised this power in order to fill up a vacancy, feeling a doubt whether the power conferred A tenant for to make a sale, life intending month's notice to trustees and their solicitor. &c., to give a change, partition, lease, mortgage, or charge, must give notice of his intention to the trustees of the settlement and to their solicitor, if known to him, by a registered letter, which is to be posted not less than one month before the making of the sale, &c., or of a contract for the same (k). Tenant for life a trustee of powers. The above provisions must be read in connection to be deemed with a subsequent one, which declares that a tenant for life in exercising any power shall have regard to the interests of all parties entitled under the settlement, and shall in relation to the exercise thereof by him be deemed to be in the position and to have the duties and liabilities of a trustee (1). When trustees authorized to interfere. Taking these provisions together, it is apprehended that the only difference which could arise in the case of a sale between a tenant for life and the trustees, and which the Court would have jurisdiction to decide under sect. 44, would be whether the power was being exercised bona fide and with due regard to the interests of all parties. In order to give the trustees the opportunity of ascertaining whether this is so, the month's notice is required, within which time they can, if necessary, make the application to the Court (m). ́ If the notice is not given, and the sale is completed, a tenant for life bona fide purchaser will have a good title (n), but the tenant for life will be guilty of a breach of trust. If no notice given, sale good, but guilty of breach of trust. Notice may be general. The Settled Land Act, 1884, s. 5, provides that the notice may be a general one, and may be waived by the trustees in any particular case, or generally, and they may accept less than a month's notice. It would appear, therefore, that a tenant for life may immediately after he comes into possession give a general notice that he intends to sell, &c., whenever an opportunity occurs. Considering the uselessness of a notice. of this kind, it seems better as a general rule to negative the section altogether. It is clear that this can be done under sect. 57. (k) Sect. 45. (n) Sect. 45, sub-s. 2. A bonâ fide purchaser is not concerned to inquire respecting the giving of notice; but if he has actual knowledge that none has been given, he could not safely proceed. at least two given. Sect. 45 contains a proviso that at the date of the There must be notice given the number of trustees shall not be less trustees when than two, unless a contrary intention is expressed in the notice is the settlement. If at the time when a tenant for life intends to sell, &c., there is only one trustee, he must appoint, or procure the appointment, of a second one for the purpose of receiving the notice. exercised by notwithstand The fact that a tenant for life has assigned or in- Powers may be cumbered his life estate does not prevent him from tenant for life, exercising the powers of the Act, but the rights of the ing assignment assignee or incumbrancer will not be affected without or incumhis consent, except that unless he is actually in pos- life interest. session, his consent is not necessary to a lease if made at the best rent, without a fine (0). brance of his by Act are The powers given by the Act are cumulative, and Powers given in addition to any express power contained in the cumulative. settlement for the same purpose, but no such express power can be exercised in future without the consent of the tenant for life, or where two or more persons constitute together a tenant for life, one of such persons (p). owners who Infants. tenant for life. Other limited owners enumerated in sect. 58 of the Other limited Act are given the same powers as a tenant for life, and have powers of where a tenant for life, or a person having the powers of a tenant for life, is an infant, the trustees of the settlement (if any), and if there are none, a person to be appointed by the Court for that purpose, may exercise them for him; and where the owner in possession of land is an infant, the land is to be deemed settled, and the infant is to be deemed a tenant for life thereof (q). women. When the tenant for life is a married woman, she Married can, if entitled for her separate use, exercise the powers of the Act alone, but otherwise her husband must concur, and a restraint on anticipation will not prevent her from exercising any of the powers ("), and in the (0) Sect. 50. P) Sect. 56; Act of 1884, s. 6. Sect. 61. It is apprehended that a married woman exercising the |