CHAPTER
136
INFANTS' SETTLEMENTS |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
Infants may with the Approbation of the court of
Chancery make valid Settlements or Contracts for Settlements of their Real and
Personal Estate upon Marriage. |
In case Infants die under Age, Appointment, etc.,
to be void. |
The Sanction of the court of Chancery to be given
upon Petition. |
Not to apply to Infant under 17 years or age. |
CHAPTER 136 |
INFANTS'
SETTLEMENTS |
An Act to
enable infants, with the approbation of the Court of Chancery, to make binding
settlements of their real and personal estate on marriage. | 18 & 19 Vict.,
c. 43 extended by
23 of 1860
27 of 1976 |
[Commencement 2nd
July, 1855] |
1. [This Act
may be cited as the Infants' Settlements Act] | Short title. |
2. It shall be lawful for every Infant upon or in
contemplation of his or her Marriage, with the Sanction of the court of
Chancery, to make a valid and binding Settlement or Contract for a Settlement
of all or any Part of his or her Property, or Property over which he or she has
any Power of Appointment, whether Real or Personal, and whether in Possession,
Reversion, Remainder, or Expectancy; and every Conveyance, Appointment, and
Assignment of such Real or Personal Estate, or Contract to make a Conveyance,
Appointment, or Assignment thereof, executed by such Infant, with the
Approbation of the said Court, for the Purpose of giving
Effect to such Settlement, shall be as valid and effectual as if the Person
executing the same were of the full Age of Eighteen Years: | Infants may with the Approbation of the court of
Chancery, make valid Settlements or Contracts for Settlements of their Real and
Personal Estate upon Marriage. |
Provided always
that this Enactment shall not extend to Powers of which it is expressly
declared that they shall not be exercised by an Infant. |
3. Provided always that in case any Appointment under a
Power of Appointment, or any disentailing Assurance, shall have been executed
by any Infant Tenant in Tail under the Provisions of this Act, and such Infant
shall afterwards die under Age, such Appointment or disentailing Assurance
shall thereupon become absolutely void. | In case Infant die under Age, Appointment, etc., to be
void. |
4. The Sanction of the Court of Chancery to any such
Settlement or Contract for a Settlement may be given, upon Petition presented
by the Infant or his or her Guardian, in a summary Way without the Institution
of a Suit; and if there be no Guardian, the Court may require a Guardian to be
appointed or not, as it shall think fit; and the Court also may, if it shall
think fit, require that any Persons interested or appearing to be interested in
the Property should be served with Notice of such Petition. | The Sanction of the court of Chancery to be given upon
Petition. |
5. Provided always that nothing in this Act contained
shall apply to any Infant under the Age of Seventeen Years. | Not to apply to Infant under 17 years or age. |