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Provisions applicable where interest in settled land is restored |
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22.
-- (1) Where by a disentailing assurance settled land is expressed to be
limited (whether subject or not to any estate, interests, charges or powers
expressly created or conferred thereby) upon the trusts subsisting with
respect thereto immediately before the exection of such disentailing
assurance, or any of such trusts, then, for the purposes of this Act and
otherwise, a person entitled to any estate or interest in the settled land
under any such previously subsisting trust is entitled thereto after the
execution of such disentailing assurance as of his former estate or
interest.
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(2) Where by a resettlement of settled land any estate or interest therein
is expressed to be limited to any person (whether subject or not to any
estate, interest, charge or power expressly created or conferred by the
resettlement) in restoration or confirmation of his estate or interest under
a prior settlement, then, for the purposes of this Act and otherwise, that
person is entitled to the estate or interest so restored or confirmed as of
his former estate or interest, and in addition to the powers exercisable by
him in respect of his former estate or interest, he is capable of exercising
all such further powers as he could have exercised by virtue of the
resettlement, if his estate or interest under the prior settlement had not been
so restored or confirmed, but he had been entitled under the resettlement
only.
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