This section is from the book "Real Property, An Introductory Explanation Of The Law Relating To Land", by Alfred F Topham. Also available from Amazon: The New Law Of Property.
1882. 45 & 46 Vict. c. 39. Conveyancing Act, 1882.
S. 10. (1) Where there is a person entitled to land for an estate in fee or for a term of years absolute or determinable on life or for a term of life with an executory limitation over on default or failure of all or any of his issue whether within or at any specified period or time or not that executory limitation shall be or become void and incapable of taking effect if and as soon as there is living any issue who has attained the age of twenty-one years of the class on default or failure whereof the limitation over was to take effect.
(2) This section applies only where the executory limitation is contained in an instrument coming into operation after the commencement of this Act.
1882. 45 & 46 Vict. c. 75. Married Woman's Property Act.
S. 1. (1) A married woman shall in accordance with the provisions of this Act be capable of acquiring holding and disposing by will or otherwise of any real or personal property as her separate property in the same manner as if she were a feme sole without the intervention of any Trustee.
(2) A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract and of suing and being sued either in contract or in tort or otherwise in all respects as if she were a feme sole and her husband need not be joined with her as plaintiff or defendant or be made a party to any action or other legal proceeding brought by or taken against her and any damages or costs recovered by her in any such action or proceeding shall be her separate property and any damages or costs recovered against her in any such action or proceeding shall be payable out of her separate property and not otherwise.
(3) Every contract entered into by a married woman shall be deemed to be a contract entered into by her with respect to and to bind her separate property unless the contrary be shown (c).
(4) Every contract entered into by a married woman with respect to and to bind her separate property shall bind not only the separate property which she is possessed of or entitled to at the date of the contract but also all separate property which she may thereafter acquire.
(5) Every married woman carrying on a trade separately from her husband shall in respect of her separate property be subject to the bankruptcy laws as if she were a feme sole.
1897. 60 & 61 Vict. c. 65. Land Transfer Act.
S. 1. (1) Where real estate is vested in any person without a right in any other person to take by survivorship, it shall, on his death, nothwithstanding any testamentary disposition, devolve to and become vested in his personal representatives or representative from time to time as if it were a chattel real vesting in them or him.
(2) This section shall apply to any real estate over which a person executes by will a general power of appointment, as if it were real estate vested in him.
(3) Probate and letters of administration may be granted in respect of real estate only, although there is no personal estate.
(4) The expression " real estate," in this part of this Act, shall not be deemed to include land of copyhold tenure, or customary freehold in any case in which an admission or any act by the lord of the manor is necessary to perfect the title of a purchaser from the customary tenant.
(5) This section applies only in cases of death after the commencement of this Act.
S. 2. (1) Subject to the powers, rights, duties, and liabilities hereinafter mentioned, the personal representatives of a deceased person shall hold the real estate as trustees for the persons by law beneficially entitled thereto, and those persons
(c) But see now the Married Woman's Property Act, 1893.
shall have the same power of requiring a transfer of real estate as persons beneficially entitled to personal estate have of requiring a transfer of such personal estate.
(2) All enactments and rules of law relating to the effect of probate or letters of administration as respects chattels real and as respects the dealing with chattels real before probate or administration, and as respects the payment of costs of administration and other matters in relation to the administration of personal estate, and the powers, rights, duties, and liabilities of personal representatives in respect of personal estate, shall apply to real estate so far as the same are applicable, as if that real estate were a chattel real vesting in them or him, save that it shall not be lawful for some or one only of several joint personal representatives, without the authority of the court, to sell or transfer real estate.
(3) In the administration of the assets of a person dying after the commencement of this Act, his real estate shall be administered in the same manner, subject to the same liabilities for debt, costs, and expenses, and with the same incidents, as if it were personal estate; provided that nothing herein contained shall alter or affect the order in which real and personal assets respectively are now applicable in or towards the payment of funeral and testamentary expenses, debts, or legacies, or the liability of real estate to be charged with the payment of legacies.
(4) Where a person dies possessed of real estate, the court shall, in granting letters of administration, have regard to the rights and interests of persons interested in his real estate, and his heir-at-law, if not one of the next-of-kin, shall be equally entitled to the grant with the next of kin, and provision shall be made by rules of court for adapting the procedure and practice in the grant of letters of administration to the case of real estate.
S. 3. (1) At any time after the death of the owner of any land, his personal representatives may assent to any devise contained in his will, or may convey the land to any person entitled thereto as heir, devisee, or otherwise, and may make the assent or conveyance, either subject to a charge for the payment of any money which the personal representatives are liable to pay, or without any such charge; and on such assent or conveyance, subject to a charge for all moneys (if any) which the personal representatives are liable to pay, all liabilities of the personal representatives in respect of the land shall cease, except as to any acts done or contracts entered into by them before such assent or conveyance.
1907. 7 Ed. VII. c 18.
S. 1. (1) A married woman is able without her husband to dispose of or to join in disposing of real or personal property held by her solely or jointly with any other person as trustee or personal representative in like manner as if she were a feme sole.