"die without to mean die without Bequest of Real or Personal Estate the Words "die without Issue," or Issue," or "die without leaving Issue," or "have no Issue,” or any other Words which may import either a Want or Failure be construed of Issue of any Person in his Lifetime or at the Time of his Issue living Death, or an indefinite Failure of his Issue, shall be construed at the death, to mean a Want or Failure of Issue in the Lifetime or at the Time of the Death of such Person, and not an indefinite Failure of his Issue. unless a contrary Intention shall appear by the Will, by reason of such Person having a prior Estate Tail, or of a preceding Gift, being, without any Implication arising from such Words, a Limitation of an Estate Tail to such Person or • Issue, or otherwise: Provided, that this Act shall not extend to Cases where such Words as aforesaid import if no Issue described in a preceding Gift shall be born, or if there shall be no Issue who shall live to attain the Age or otherwise answer the Description required for obtaining a vested Estate by a preceding Gift to such Issue. any Real Estate No Devise to Term or a tion to a shall pass a XXX. And be it further enacted, That where (other than or not being a Presentation to a Church) shall be except for a devised to any Trustee or Executor, such Devise shall be con- Presenta strued to pass the Fee Simple or other the whole Estate or Church, Interest which the Testator had Power to Dispose of by Will in Chattel such Real Estate, unless a definite Term of Years, absolute or determinable, or an Estate of Freehold, shall thereby be given to him expressly or by Implication. Interest. under an Devise, where the Trust may endure beyond the Life of a XXXI. And be it further enacted, That where any Real Trustees Estate shall be devised to a Trustee, without any express Limi- unlimited tation of the Estate to be taken by such Trustee, and the beneficial Interest in such Real Estate, or in the surplus Rents and Profits thereof, shall not be given to any Person for Life, or such beneficial Interest shall be given to any Person for Life but the titled for Purposes of the Trust may continue beyond the Life of such the Fee. Person, such Devise shall be construed to vest in such Trustee Person bene ficially en Life, to take Devises of Estates Tail shall not lapse. Gifts to who leave the Fee Simple or other the whole legal Estate which the Testator had Power to dispose of by Will in such Real Estate, and not an Estate determinable when the Purposes of the Trust shall be satisfied. XXXII. And be it further enacted, That where any Person to whom any Real Estate shall be devised for an Estate Tail or an Estate in quasi Entail shall die in the Lifetime of the Testator leaving Issue who would be inheritable under such Entail, and any such Issue shall be living at the Time of the Death of the Testator, such Devise shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the. Death of the Testator, unless a contrary Intention shall appear by the Will. XXXIII. And be it further enacted, That where any Person other Issue being a Child or other Issue of the Testator to whom any Real Issue living or Personal Estate shall be devised or bequeathed for any Testator's Estate or Interest not determinable at or before the Death of at the Death shall not lapse. Act not to extend to such Person shall die in the Lifetime of the Testator leaving Issue, and any such Issue of such Person shall be living at the Time of the Death of the Testator, such Devise or Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will. XXXIV. And be it further enacted, that this Act shall not Wills made extend to any Will made before the First Day of January One before 1838, nor to Es- thousand eight hundred and thirty-eight, and that every Will tates pur autre Vie of Persons who re executed or republished, or revived by any Codicil, shall for die before 1838. the Purposes of this Act be deemed to have been made at the Time at which the same shall be so re-executed, republished, or revived; and that this Act shall not extend to any Estate pur autre vie of any Person who shall die before the First Day of January One thousand eight hundred and thirty-eight. XXXV. And be it further enacted, That this Act shall not Act not to extend to Scotland. extend to Scotland. altered this XXXVI. And be it enacted, That this Act may be amended, Act may be altered, or repealed by any Act or Acts to be passed in this Session. present Session of Parliament. INDEX OF STATUTES REFERRED TO, 43 Eliz. cap. 4 ...............Charitable Uses Defined, 38, 39, 40. 9 Geo. 2nd, cap. 36 .........Charitable Uses. Mortmain, 36, 37 38. 39 & 40 Geo. 3rd. cap. 98...Thelluson Act, 34, 35. 4 & 5 Wm. 4th, cap. 29 ...Securities in Ireland, 11, 12, 13, 14 I Wm. 4th, cap. 40 I Wm. 4th, cap. 46 3 & 4 Wm. 4th, cap. 3 & 4 Wm. 4th, cap. I Vic., cap. 26 15. .........Executor Made Trustee for Next of Kin, of Undisposed of Residue, 56. ....... Illusory Appointments, 49. 105...Dower Act, 45. ....The Wills Act, 7, 29, 32, 52, 53 54 15 & 16 Vic., cap. 24......... The Wills Amendment Act, 56. 17 & 18 Vic., cap. 113 ......Locke King's Act, 8. 19 & 20 Vic., cap. 120 ...... Leases and Sales of Settled Estates Act, 27, 28. 20 & 21 Vic., cap. 57......... Married Women's 21 & 22 Vic., cap. 77. Reversionary Interests in Personal Estates, 43, 44. .Leases and Sales of Settled Es- tates Amendment Act, 27. 22 & 23 Vic., cap. 35.........Lord St. Leonards' Act to further Amend the Law of Property 21. 23 & 24 Vic., cap. 38.........An Act to Further Amend the Law 23 & 24 Vic., cap. 145 ...... Lord Cranworth's Act. Powers 25 & 26 Vic., cap. 108......Sales, &c., by Trustees, 18. 27 & 28 Vic., cap. 112 ...... Judgments, &c., 7. 29 & 30 Vic., cap. 96.........Re-Registration of Bills of Sale, 7. Act, 8, 9, 10. 30 & 31 Vic., cap. 132 ......Trustees, Executors, and Adminis- 30 & 31 Vict., cap. 144....... Policies of Assurance Act, 6. 33 & 34 Vic., cap. 14......... The Naturalization Act, 1870, 55. Act, 1870, 52. 34 & 35 Vic., cap. 13......... The Public Parks, Schools, and 34 & 35 Vic., cap. 27......... Debenture Stock Act, 1871, 20. |