by a distinct deed, it must be enrolled at or before the time when the assurance of the tenant in tail is enrolled (m). married The Act provides that where the tenant in tail is a Disposition by married woman, the concurrence of her husband shall women tenants be necessary, and the deed must be acknowledged by in tail. her (n); and in a recent case, Jessel, M. R., expressed an opinion (though it was unnecessary to decide the point) that such concurrence and acknowledgment are necessary, even when the wife is equitable tenant in tail for her separate use (o). Whether this view is correct or not, it is apprehended that under the Married Women's Property Act, 1882, which makes a married woman competent to dispose of real or personal property as if she were a feme sole, a woman who has married or acquired an estate tail since the 31st December, 1882, can bar the entail without her husband's concurrence and by an unacknowledged deed. The acknowledgment of a married woman. may be taken subsequently to the enrolment of the deed, and after the expiration of the six months limited for enrolment (p). Where a married woman Married is protector she may consent to a disposition by the protector. tenant in tail as if she were a feme sole (q). woman of lands held The powers of disposition given to tenants in tail Tenants in tail are applicable to copyholds, except that the disposi- by copy of tion in the case of an estate at law is to be made by court roll. surrender, and, in the case of an equitable estate, by surrender, or deed entered on the court rolls of the manor, instead of being enrolled in the Chancery Division. The protector's consent to a disposition of copyholds may be by deed, to be produced to the lord of the manor at or before the time when the disentailing surrender is made, and then entered on the court rolls, or it may be given to the person taking the surrender, in which case the fact of the consent must be mentioned in the memorandum of surrender (r). A deed to bar an equitable entail of copyholds must Disentailing (m) Sect. 46. (n) Sect. 40. (0) Cooper v. Macdonald, 7 Ch. D. 288. (p) Ex parte Taverner, 1 Jur. N. S. 1194. (q) Sect. 45. Sects. 51-54. deed of copy holds must be be entered on the court rolls within six months after entered on court rolls within six months. A voidable estate by a purchaser subsequent its execution (s). If a tenant in tail creates a voidable estate in favour of a purchaser for valuable consideration, and aftertenant in tail wards, under the Act, makes a disposition of the same in favour of a lands, such disposition, whatever its object may be, confirmed by a has the effect of confirming the voidable estate to the disposition of extent to which the second deed is an effective disposisuch tenant in tion, except that if the second disposition is made to a Act, but not purchaser for valuable consideration who has not express notice of the voidable estate, then the voidable estate is without notice. not confirmed as against such purchaser and the persons claiming under him (†). tail under the against a purchaser Disposition of lands of bank Where a tenant in tail of lands becomes bankrupt, rupt tenant in the trustee appointed in the bankruptcy is empowered to deal with the lands in the same manner as the bankrupt might have dealt with the same (u). tail. Money subject to be invested in the pur to be entailed, may be disentailed. Lands to be sold, where the money arising from the sale thereof is subject to be invested in the purchase of chase of lands land to be settled so that any person, if the lands were purchased, would have an estate tail therein, and also money subject to be invested in the purchase of lands to be settled, so that any person, if the lands were purchased, would have an estate tail therein, may be disentailed, and they are, for this purpose, considered subject to the same estates as the lands to be purchased would, if purchased, have been actually subject to; but where the property thus disentailed consists of leasehold lands for years, or of money, such leasehold lands or money are, as to the person in whose favour or for whose benefit the disentailing disposition is made, treated as personal estate (v). Retrospective effect of enrolment. Possession adverse to a Every deed required to be enrolled operates (when enrolled) from the time of its execution, except as against any person claiming for valuable consideration under any subsequent deed duly enrolled before the enrolment of the first deed (x). When the right of a tenant in tail to recover land tenant in tail has been barred by the Statute of Limitations, all per (8) Honywood v. Foster, 30 Beav. (u) See 32 & 33 Vict. c. 71, s. 25; 3 & 4 Will. 4, c. 74, ss. 56-73. all whom he barred. sons claiming any estate, interest, or right which such runs against tenant in tail might lawfully have barred, are barred could have also, and when time has begun to run against a tenant in tail, it continues to run after his death against all persons whom he might have barred (y). by a tenant in ineffectual to followed by If a tenant in tail makes an assurance, which is not An assurance effectual to bar the remainders over, and the person tail, which is claiming by virtue of such assurance enters into pos- bar the resession or receipt of the profits, the remaindermen are mainders, if barred (under the new Act) (2) at the end of twelve possession years from the time at which such assurance, if it had confers a good then been executed by the tenant in tail, would, without the remainderthe consent of any other person, have operated to bar the end of twelve remainder. But the above provision only applies to assurances which are effectual to bar the issue, and not to an unenrolled deed (a). If an estate pur autre vie is limited in the form of an estate tail, although it will descend according to the terms of the limitation during its continuance, the quasi tenant in tail can bar the entail and the remainders over by any act inter vivos, without observing the formalities prescribed by the Fines and Recoveries Abolition Act, but not by will, and the existence of prior incumbrances creates no impediment (b). The renewal by a quasi tenant in tail of a lease for lives will bar the entail and the remainders over, and the result will be the same, although the surrendered lease may be vested in trustees and they do not concur in the surrender(c). If the quasi entail is preceded by a life interest, the remainders over will not be barred without the concurrence of the tenant for life (d), although without such concurrence it would seem that the quasi tenant in tail can bar himself and his issue (e). (y) 3 & 4 W. 4, c. 27, ss. 21, 22; 37 & 38 Vict. c. 57, s. 9. (z) 37 & 38 Vict. c. 57, s. 6. (a) Penny v. Allen, 7 D. M. & G. 409; Morgan v. Morgan, L. R. 10 Eq. 99. (b) Allen v. Allen, 2 Dru. & War. 327. VOL. II. а (c) Grey v. Mannock, Eden, 339; Blake v. Blake, 1 Cox, 266; Campbell v. Sandys, 1 Sch. & Lef. 225; Doe d. Blake v. Luxton, 6 Term Rep. 289. (d) Wastney v. Chappell, 3 Bro. P. C. 53, Tom. Ed. (e) Allen v. Allen, 2 Dru. & War. UU title against men at the years from the time when the assurance, if would have then executed, barred them. Estates pur autre vie. DISENTAILING ASSURANCE BY TENANT IN TAIL IN POSSESSION. Parties. Recital of settlement. Death of tenant for life, and attainment by tenant in tail of his majority. Witnessing part. No. I. DISENTAILING ASSURANCE of FREEHOLDS by a TENANT day of THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (tenant in tail), of the one part, and C. D., of, &c. (grantee to uses), of the other part: WHEREAS by an indenture dated, &c., and made, &c., the capital messuage or mansion house called and divers other messuages, lands, and hereditaments situate in the parishes of, in the county of, in the said indenture and the schedules thereto particularly described, were settled and assured to the use of H. B. during his life, with remainder (subject to certain charges which have determined) to the use of the first son of the said H. B. in tail male with divers remainders over: AND WHEREAS the said H. B. died on the day of 18-: AND WHEREAS the said A. B. is the first son of the said H. B., and he attained the age of twenty-one years on the -, 18-: NOW THIS INDENTURE WITNESSETH, that the said A. B. doth by this deed intended to be enrolled in the High Court of Justice (Chancery Division) Conveyance of pursuant to the statute in that behalf, convey unto the said C. D. parcels ALL the capital and other messuages, lands, tenements, and hereditaments comprised in and settled by the herein before recited indenture, and all other (if any) the lands, tenements, and hereditaments in England or Wales of or to which the said A. B. is seised or entitled as tenant in tail, whether at law or in equity, under the said indenture, or otherwise howsoever: To HOLD the same in fee simple. (freed and discharged from the estate tail of the said A. B., and all remainders, estates, and powers, to take effect after the determination or in defeasance of such estate tail), unto the said C. D. in fee simple, To THE USE of the said A. B. in fee simple. to grantee to use of grantor IN WITNESS, &c. No. II. CONVEYANCE by a TENANT in TAIL in POSSESSION to CONVEYANCE a Purchaser for an ESTATE in FEE SIMPLE. BY TENANT Parties. sale in fee THIS INDENTURE, made the day of, BETWEEN A. B., of, &c. (vendor), of the one part, and C. D., of, &c. (purchaser), of the other part (Recite settlement, death of H. B., and that A. B. is eldest son as in last Precedent): AND WHEREAS the Agreement for said A. B. has agreed to sell to the said C. D. the heredita- simple. ments hereinafter described (being part of the hereditaments settled by the hereinbefore recited indenture) at the price of £: NOW THIS INDENTURE WITNESSETH, that in pursuance of the aforesaid agreement, and in consideration of the sum of £, &c. (the receipt, &c.), the said A. B., as beneficial owner, doth by this deed intended to be enrolled in the High Court of Justice (Chancery Division) pursuant to the statute in that behalf convey unto the said C. D., ALL, &c. (parcels): To HOLD the same (freed and discharged from the Conveyance of estate tail of the said A. B., and all remainders, estates, and purchaser in powers to take effect after the determination or in defeasance fee free from of such estate tail) unto and to the use of the said C. D. in fee remainders simple. IN WITNESS, &c. parcels to estate tail and over. No. III. DISENTAILING ASSURANCE by a TENANT in TAIL in THIS INDENTURE, made the day of BY TENANT IN TAIL IN REMAINDER WITH CONSENT BETWEEN OF PROTECTOR. A. B., of, &c. (tenant in tail in remainder), of the first part, Parties. day of Recite will. and |