Settled Estates (CAP. 398 1

CHAPTER 398

THE SETTLED ESTATES ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3 . Application.

PART I

LEASES AND SALES OF SETTLED ESTATES
UNDER AUTHORITY OF THE COURT

Power to Court to authorize leases of settled estates.
Leases may contain special covenants.
The power to authorize leases to extend to preliminary

contracts.
Modes in which Court may authorize leases.
Evidence on application to Court to authorize lease.
Who to be lessor.
Vesting by Court of powers of leasing in trustees.
Power to Court to authorize sales of settled estates and

timber.
Consideration for land sold for building purposes.
Exceptions and reservations on sale.
Power to Court to authorize dedication of part of settled

estate for works or open spaces.
Who to convey.
Applications to Court to exercise its powers under this

Act.
What consents necessary to application.
Power to Court to dispense with consent.
Notice to trustees and others.
Motion for leave to be heard on application.
Recording of notice of exercise by Court of its powers.
Payment and application of moneys arising from sales

or set aside out of rents reserved on mining leases.

LAWS OF AN'TICUA AND BARBUDA

2 CAP. 398) Settled Estates

23. Interim application of moneys.
24. Application of money paid into Court in respect of lease

or reversion.
25. rower to Court to exercise its powers repeatedly.
26. Leases and sales which settlor could not have authorized.
27. Validation of acts of Court.
28. Applications and consents by married women.

PART I1

LEASES AND SALES OF SETTLED ESTATES BY
TENANTS FOR LIFE

29. Power of tenant for life to sell.
30. Mines and minerals.
31. Timber.
32. Transfer of incumbrances on land sold.
33. Power of tenant for life to lease.
34. Completion by conveyance.
35. Payment, investment and devolution of capital money;

application of income.
36. Settlement of land purchased.
37. Power of tenant for life to enter into contracts.

PART 111

PROCEDURE

38. Procedure.
39. Costs.

PART IV

PERSONS UNDER DISABILITY

40. Married women.
41. Infants.
42. Persons under disability generally.

PART V

TRUSTEES

43. Appointment of trustees by Court.
44. Number of trustees to act.
45. Trustees receipts.
46. Protection of each trustee individually.

LAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 3

47. Protection of trustees generally.
48. Trustees' reimbursement.
49. Reference of differences to Court.
50. Notice to trustees.

PART VI

MISCELLANEOUS

Limited owners who are to have powers of tenant for life.
Provisions as to leases for 21 years.
Surrender and renewal of leases.
Tenant for life trustee for all parties interested.
General protection of purchasers.
Provision enabling dealings with tenant for life.
Application of money in hands of trustees under powers

of settlement.
Application of money paid for lease or reversion.
Powers not assignable; contract not to exercise powers

void.
Prohibition or limitation against exercise of powers void.
Provision against forfeiture.
Exercise of powers; limitation of provisions.
Saving for other power.
Additional or larger powers by settlement.
Proceedings for protection or recovery of land settled

or claimed as settled.
No obligation to consent.
Rules and orders.

LAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 5

SETTLED ESTATES

(25th January, 1895.) 1611894.
1011897.

411945.
S.R.O. 22119.56.

1811989.

1. This Act may be cited as the Settled Estates Act. short title.

2. (1) In this Act- Interpretation.

"Court" means the High Court or any Judge thereof;

"fine" includes premium or foregift and any payment,
consideration or benefit in the nature of a fine;

"income7' includes rents and profits;

" person" includes corporation;

" possession7' includes receipt of income;

"rent" includes yearly or other rent, and reservation
in the nature of rent;

" securities" includes stocks, funds and shares;

"will" includes codicil and other testamentary instru-
ment and a writing in the nature of a will;

"land" includes an undivided share in land;

"settlement" signifies any Act, deed, agreement, will
or other instrument, or any number of such
instruments, whether passed or made before or after
the commencement of this Act, under or by virtue
of which any land or any estate or interest in land
stands limited to or in trust for any persons by way
of succession;

LAWS OF AN'PIGUA AND BARBUDA

CAP. 398) Settled Estates

"settled estate" and "settled land", signify land, and
any estate or interest therein, which is the subject
of a settlement.

il

(2) An estate or interest in remainder or reversion not
disposed of by a settlement and reverting to the settlor, or
descending to the testator's heir, is for the purposes of this
Act an estate or interest coming to the settlor or heir, under
or by virtue of the settlement.

(3) The determination of the question whether land is
settled land for the purposes of this Act or not is governed
by the state of facts and by the trusts or limitations of the
settlement at the time of the settlement taking effect.

(4) The person who is for the time being under a
settlement beneficially entitled to possession of settled land
for his life is for the purposes of this Act the tenant for life
of that land and the tenant for life under that settlement.

(5) If in any case there are two or more persons entitled
as tenants in common or as joint tenants or for other con-
current estates or interests, they together constitute a tenant
for life for the purposes of this Act.

(6) A person being the tenant for life within the fore-
going definitions shall be deemed to be such, notwithstan-
ding that, under the settlement or otherwise, the settled land
or his estate or interest therein is encumbered or charged
in any manner or to any extent.

(7) The persons, if any, who are for the time being,
under a settlement, trustees with power of sale of settled land
or with power of consent to or approval of the exercise of
such a power of sale or, if under the settlement there are
no such trustees, then the persons, if any, for the time being
who are by the settlement declared to be trustees thereof for
the purposes of this Act are for the purposes of this Act
trustees of the settlement.

(8) Capital money arising under Part I1 and receivable
for the trusts and purposes of a settlement is in this Act refer-
red to as capital money arising under this Act.

LAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 7

3. This Act shall apply to settlements made and lands Application
settled as well before as after its passing.

PART I

LEASES AND SALES OF SETTLED ESTATES UNDER AUTHORITY
OF THE COURT

4. It shall be lawful for the Court, if it shall deem Power to Court
to authorize

it proper and consistent with a due regard for the interests lease, of ,,,,led
of all parties entitled under the settlement, and subject to estates.
the provisions and restrictions in this Act contained, to
authorize leases of any settled estates, or of any part or parts
thereof, or of any rights or privileges over or affecting any
settled estates, or any part or parts thereof, for any purpose
whatsoever, whether involving waste or not:

Provided that the following conditions be observed:

(a ) Every such lease shall be made to take effect
in possession at or within one year next after the mak-
ing thereof and shall be for a term of years not exceeding,
for an agricultural or occupational lease, twenty-one
years and, for a mining lease, or a lease of water mills,
way-leaves, water-leaves or other rights or easements,
forty years and, for a building lease, ninety-nine years:

Provided that any such lease, except an agricultural
lease, may be for such term of years as the Court shall
direct, where the Court shall be satisfied that it is the
usual custom of the district and beneficial to the
inheritance to grant such a lease for a longer term than
the term hereinbefore specified in that behalf;

(6) O n every such lease shall be reserved the best
rent, either uniform or not, that can be reasonably
obtained, to be made payable half-yearly or oftener,
without taking any fine:

Provided that in the case of a mining lease or a
building lease a peppercorn rent or any smaller rent
than the rent to be ultimately made payable may, if
the Court shall think fit so to direct, be made payable
during all or any part of the first five years of the term
of the lease;

(c) Where the lease is of any earth or mineral, a
certain portion of the whole rent reserved shall be from

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 398) Settled Estates

time to time set aside and invested as hereinafter men-
tioned, namely, when and so long as the person for the
time being entitled to the receipt of such rent is a per-
$on who by reason of his estate or by virtue of any
declaration in the settlement is entitled to work such
earth or mineral for his own benefit one-fourth part of
such rent, and otherwise three-fourth parts thereof; and
in every such lease sufficient provision shall be made
to ensure such application of the aforesaid portion of
the rent by the appointment of trustees or otherwise,
as the Court shall deem expedient;

(d) No such lease shall authorize the felling of any
trees, except so far as shall be necessary for the purpose
of clearing the ground for any buildings, excavations
or other works authorized by the lease; and

(e) Every such lease shall be by deed, and the lessee
shall execute a counterpart thereof, and every such lease
shall contain a condition for re-entry on non-payment
of the rent for a period of twenty-eight days after it
becomes due, or for some less period to be specified
in that behalf.

Leases may
contain special

5. Subject and in addition to the conditions
covenants. hereinbefore mentioned, every such lease shall contain such

covenants, conditions and stipLlations as the Court shall deem
expedient with reference to the special circumstances of the
demise.

The power to
authorize leases

6. The power to authorize leases conferred by this
to extend to Act shall extend to authorize preliminary contracts to grant
preliminary any such leases, and any of the terms of such contracts may
contracts.

be varied in the leases.

Modes in which
Court may

7. The power to authorize leases conferred by this
authorize leases. Act may be exercised by the Court either by approving of

particular leases or by ordering that powers of leasing in con-
formity with the provisions of this Act shall be vested in
trustees in manner hereinafter mentioned.

Evidence on
application to

8. When application is made to the Court either to
Court to approve of a particular lease or to vest any powers of leasing

lease- in trustees, the Court shall require the applicant to produce

LAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 9

such evidence as it shall deem sufficient to enable it to ascer-
tain the nature, value and circumstances of the estate and
the terms and conditions on which leases thereof ought to
be authorized.

9. When a particular lease or contract for a lease has who to be lesaor.
been approved by the Court, the Court shall direct what
person or persons shall execute the same as lessor, and the
lease or contract executed by such person or persons shall
take effect in all respects as if he or they were at the time
of the execution thereof absolutely entitled to the whole estate
or interest which is bound by the settlement and had
immediately afterwards settled the same according to the
settlement, and so as to operate, if necessary, by way of
revocation and appointment of the use, or otherwise, as the
Court shall direct.

10. Where the Court shall deem it expedient that any Vesting by Court
of powers of general powers of leasing any settled estates conformably to leasing in

this Act should be vested in trustees, it may by order vest trustees.
any such power accordingly either in the existing trustees
of the settlement or in any other persons, and such powers,
when exercised by such trustees, shall take effect in all respects
as if the power so vested in them had been originally con-
tained in the settlement and so as to operate, if necessary,
by way of revocation and appointment of the use, or other-
wise, as the Court shall direct; and in every such case, the
Court, if it shall think fit, may impose any conditions as
to consents or otherwise on the exercise of such power, and
the Court may also authorize the insertion of provisions for
the appointment of new trustees from time to time for the
purpose of exercising such powers of leasing as aforesaid.

1 . It shall be lawful for the Court, if it shall deem Power to Court
to authorize sales

it proper and consistent with a due regard for the interests ,,,,led estates
of all parties entitled under the settlement, and subject to and timber.
the provisions and restrictions in this Act contained, to
authorize a sale of the whole or any parts of any settled estates
or of any timber, not being ornamental timber, growing on
any settled estates, and every such sale shall be conducted
and confirmed in the same manner as by the rules and prac-
tice of the Court for the time being is or shall be required
in the sale of lands sold under a decree of the Court.

LAWS OF ANTIGUA AND BARBUDA

CAP. 398) Settled Estates

Consideration for
land sold for
building
purposes.

Exceptions and
reservations on
sale.

Power to Court
to authorize
dedication of
part of settled
estate for works
or open spaces.

12. When any land is sold for building purposes, it
shall be lawful for the Court, if it shall see fit, to allow the
whole or any part of the consideration to be a rent issuing
out ~f such land, which may be secured and settled in such
manner as the Court shall approve.

13. On any sale of land any earth or mineral may
be excepted, and any rights or privileges may be reserved,
and the purchaser may be required to enter into any
covenants or submit to any restrictions which the Court may
deem advisable.

14. (1) It shall be lawful for the Court, if it shall deem
it proper and consistent with a due regard for the interests
of all parties entitled under the settlement, and subject to
the provisions and restrictions in this Act contained, from
time to time to direct that any part of any settled estates
be laid out for streets, roads, paths, squares, gardens or other
open spaces, sewers, drains or watercourses, either to be
dedicated to the public or not; and the Court may direct
that the parts so laid out shall remain vested in the trustees
of the settlement or be conveyed to or vested in any other
trustees upon such trusts for securing the continued
appropriation thereof to the purposes aforesaid in all respects
and with such provisions for the appointment of new trustees,
when required, as by the Court shall be deemed advisable.

(2) Where any part of any settled estates is directed to
be laid out for such purposes as aforesaid, the Court may
direct that any such streets, roads, paths, squares, gardens
or other open spaces, sewers, drains or watercourses,
including all necessary or proper fences, pavings, connec-
tions and other works incidental thereto respectively, be made
and executed, and that all or any part of the expenses in
relation to such laying out and making and execution be
raised and paid by means of a sale or mortgage of or charged
upon all or any part of the settled estates or be raised and
paid out of the rents and profits of the settled estates or any
part thereof or out of any moneys or investments represent-
ing moneys liable to be laid out in the purchase of
hereditaments to be settled in the same manner as the settl-
ed estates or out of the income of such moneys or investments
or out of any accumulations of rents, profits or income; and

LAWS OF ANTIGUA AND BARBUDA

Settled Estates ( C A P . 398 11

the Court may also give such directions as it may deem ad-
visable for any repair or maintenance of any such streets,
roads, paths, squares, gardens or other open spaces, sewers,
drains or watercourses or other works out of any such rents,
profits, income or accumulations during such period or
periods of time as to the Court shall seem advisable.

15. On every sale or dedication to be effected as Who to
hereinbefore mentioned the Court may direct what person
or persons shall execute the deed of conveyance; and the
deed executed by such person or persons shall take effect
as if the settlement had contained a power enabling such

.person or persons to effect such sale or dedication and so
as to operate, if necessary, by way of revocation and
appointment of the use or otherwise, as the Court shall direct.

16. Any tenant for life and also any person in posses- Applications to
Court to exercise sion of any settled estates as the assignee of any person who its powers under

but for such assignment would be tenant for life of such estates this Act.
may apply to the Court by petition in a summary way to
exercise the power conferred upon the Court by this Part.

17. Subject to the exceptions hereinafter contained, What consents
necessary to

every such application must be made with the concurrence application.
or consent of the following parties, namely-

(a) Where there is a tenant in tail under the settle-
ment in existence and of full age, then the parties to
concur or consent shall be such tenant in tail, or, if there
is more than one such tenant in tail, then the first of
such tenants in tail, and all persons in existence having
any beneficial estate or interest under or by virtue of
the settlement prior to the estate of such tenant in tail,
and all trustees having any estate or interest on behalf
of any unborn child prior to the estate of such tenant
in tail; and

(b) In every other case the parties to concur or con-
sent shall be all the persons in existence having any
beneficial estate or interest under or by virtue of the
settlement, and also all trustees having any estate or
interest on behalf of any unborn child:

Provided that, where an infant is tenant in tail under
the settlement, it shall be lawful for the Court, if it shall

LAWS OF .4N?'IGUA AND BARBUDA

12 CAP. 398) Settled Estates

think fit, to dispense with the concurrence or consent of the
person, if only one, or all or any of the persons, if more
than one, entitled, whether beneficially or otherwise, to any
estate,or interest subsequent to the estate tail of such infant:

Provided also that, where on any such application the
concurrence or consent of any such person as aforesaid shall
not have been obtained, notice shallbe given to such person
in such manner as the Court shall direct, requiring him to
notifv within a time to be s~ecified in such notice whether
he assents to or dissents from such application or submits
his rights or interests, so far as they may be affected by such
application, to be dealt with by the Court; and every such
notice shall specifv to whom and in what manner such . ,
notification is to be delivered or left. In case no notification
shall be delivered or left in accordance with the notice and
within the time thereby limited, the person to or for whom
such notice shall have been given or left shall be deemed
to have submitted his rights and interests to be dealt with
by the Court:

Provided also that, where on any such application the
concurrence or consent of any such person as aforesaid shall
not have been obtained, and in case such person cannot be
found, or in case it shall be uncertain whether he be living
or dead, or in case it shall appear to the Court that such
notice as aforesaid cannot be given to such person without
expense disproportionate to the value of the subject-matter
of the application, then and in any such case the Court, if
it shall think fit, on the ground of the rights or interests of
such persons either being small or remote or being similar
to the rights or interests of any other person or persons, or
on any other ground, may by order dispense with notice
to such person, and such person shall thereupon be deemed
to have submitted his rights and interests to be dealt with
by the Court.

Power to Court 18. An order may be made upon any such applica-
to dispense with
consent. tion notwithstanding that the concurrence or consent of any

such person as aforesaid shall not have been obtained or shall
have been refused, but the Court in considering the applica-
tion shall have regard to the number of persons who concur
in or consent to the application and who dissent therefrom
or who submit or who are to be deemed to submit their rights
or interests to be dealt with by the Court and to the estates

LAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 13

or interests which such persons respectively have or clairn
to have in the estate as to which such application is rnadc;
and every order of the Court made upon such application
shall have the same effect as if all such persons had bern
consenting parties thereto:

Provided that it shall be lawful for the Court, if it shall
think fit, to give effect to any petition subject to and so as
not to affect the rights, estate or interest of any person whose
concurrence or consent has been refused, or who has not
submitted or is not deemed to have submitted his rights or
interests to be dealt with by the Court, or whose rights, estate
or interest ought in the opinion of the Court to be excepted.

19. Notice of any application to the Court under this Notice to trustees
and others. Part shall be served on all trustees who are seised or possessed

of any estate in trust for any person whose consent or con-
currence to or in the application is hereby required and on
any other parties who in the opinion of the Court ought to
be so served, unless the Court shall think fit to dispense with
such notice.

20. Notice of any such application shall, if the Court Motion for ]cave
to be heard on shall so direct, but not otherwise, be inserted in such application,

newspapers as the Court shall direct, and any person, whether
interested in the estate or not, may apply to the Court by
motion for leave to be heard in opposition to or in support
of any such application, and the Court is hereby authorized
to permit such person to appear and be heard in opposition
to or support of any such application, on such terms as to
costs or otherwise and in such manner as it shall think fit.

2 1. The Court shall direct that some sufficient notice ~ ; ; g d ~ e ; ~ r c i s e
of any exercise of any of the powers conferred on it by this by court of its
Part shall be placed on the settlement or on any copy or powers.
copies thereof or otherwise recorded in any way it may think
proper, in all cases where it shall appear to the Court to
be practicable and expedient for preventing fraud or mistake.

22. (1) All money to be received on any sale effected f';~:;;:~
under the authority of this Part, or to be set aside out of monc,s ar;s;n,

v

the rent reserved on any lease of earth or minerals as from sales set
aside out of rents

aforesaid, may, if the Court shall think fit, be paid to any
trustees of whom it shall approve, or otherwise the same shall mining leases.

LAWS OF ANTIGUA AND BAKBUDA

14 CAP. 398) Settled Estates

Interim
application of
moneys.

Application of
money paid into
Court in respect
of lease or
reversion.

be paid into Court ex parte the applicant in the matter of
this Act, and in the former event such money shall be applied
as the Court shall from time to time direct to some one or
more, of the following purposes, namely-

(a) The discharge or redemption of any incum-
brance affecting the hereditaments in respect of which
such money was paid, or affecting any other
hereditaments subject to the same uses or trusts; or

( b ) The purchase of other hereditaments to be
settled in the same manner as the hereditaments in
respect of which the money was paid; or

(c) The payment to any person becoming absolutely
entitled.

(2) The application of the money in manner aforesaid
may, if the Court shall so direct, be made by the trustees
without any application to the Court, or otherwise upon an
order of the Court upon the petition of the person who would
be entitled to the possession or the receipt of the rents and
profits of the land, if the money had been invested in the
purchase of land.

(3) Where, under this Part, money is in Court, that
money may be invested or applied as capital money arising
under this Act.

23. Until the money paid to trustees can be applied
as aforesaid, the same shall be invested as the Court shall
direct, and the interest and dividends of such investments
shall be paid to the person who would have been entitled
to the rents and profits of the land, if the money had been
invested in the purchase of land.

24. Where any purchase money paid into Court
under the provisions of this Part shall have been paid in
respect of any lease for a life or lives or years, or for a life
or lives and years, or any estate or interest in land less than
the whole fee simple thereof, or of any reversion dependent
on any such lease, estate or interest, it shall be lawful for
the Court on the petition of any party interested in such
money to order that the same shall be laid out, invested,
accumulated and paid in such manner as the Court may

LAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 15

consider will give to the parties interested in such money
the same benefit therefrom as they might lawfully have had
from the lease, estate, interest or reversion in respect of which
such money shall have been paid, or as near thereto as may
be.

25. The Court shall be at liberty to exercise any of Power to Court
to exercise its the powers conferred on it by this Part, whether the Court powers

shall have already exercised any of those powers in respect repeatedly.
of the same property or not; but no such powers shall be
exercised, if an express declaration that they shall not be
exercised is contained in the settlement:

Provided that the circumstances of the settlement con-
taining powers to effect similar purposes shall not preclude
the Court from exercising any of the powers conferred by
this Act, if it shall think that the powers contained in the
settlement ought to be extended.

26. Nothing in this Part shall be construed to X ~ ~ ~ O ; l e s
empower the Court to authorize any lease, sale or other act not have
beyond the extent to which in the opinion of the Court the authorized.
same might have been authorized in and by the settlement
by the settlor or settlors.

27. After the completion of any lease or sale or other Validation of acts
of Court.

act under the authority of the Court, and purporting to be
in pursuance of this Act, the same shall not be invalidated
on the ground that the Court was not hereby empowered
to authorize the same, except that no such lease, sale or other
act shall have any effect against such person as herein men-
tioned whose concurrence or consent ought to be obtained,
or who ought to be served with notice, or in respect of whom
an order dispensing with such service ought to be obtained,
in the case where such concurrence or consent has not been
obtained, and such service has not been made or dispensed
with.

28. (1) Where a married woman shall apply to the ~ , " ; ~ ~ ~ ~ and
Court, or consent to an application to the Court, under this married women.
Act, she shall first be examined apart from her husband
touching her knowledge of the nature and effect of the
application, and it shall be ascertained that she freely desires

LAWS OF ANTIGUA AND BARBUDA

16 CAP. 398) Settled Estates

to make or assent to such application; and such examina-
tion shall be made, whether the hereditaments which are the
subject of the application shall be settled in trust for the
separate use of such married woman independently of her
husband or not; and no clause or provision in any settle-
ment restraining anticipation shall prevent the Court from
exercising, if it shall think fit, any of the powers given by
this Act; and no such exercise shall occasion any forfeiture,
anything in the settlement contained to the contrary
notwithstanding.

(2) The examination of such married woman, when resi-
dent within the iurisdiction of the Court, shall be made either
by the Court ordby some solicitor duly appointed by the Court
for the purpose, who shall certify under his hand that he
has examined her apart from her husband and is satisfied
that she is aware of the nature and effect of the intended
application, and that she freely desires to make or consent
to the same: and when the married woman is resident out
of the jurisdiction of the Court, her examination may be
made by any person appointed for that purpose by the Court,
whether he is or is not a solicitor of the Court. and such
person shall certify under his hand to the effect hereinbefore
provided in respect of the examination of a married woman
resident within the jurisdiction; and the appointment of any
such person not being a solicitor shall afford conclusive
evidence that the married woman was at the time of such
examination resident out of the jurisdiction of the Court.

(3) Subject to such examination as aforesaid, married
women may make or consent to any application, whether
they be of full age or infants.

PART I1

Power of tenant
for life to sell.

29. (1) A tenant for life may sell the settled land or
any part thereof or any easement, right or privilege of any
kind over or in relation to the same.

(2) Every such sale shall be made at the best price that
can reasonably be obtained.

LAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 17

(3) Any such sale may be made in one lot or in several
lots and either by auction or by private contract.

(4) O n a sale a tenant for life may fix reserve biddings
and buy in at an auction.

(5) A sale by a tenant for life may be made subject to
any stipulations respecting title or evidence of title or other
things.

(6) O n any such sale any restriction or reservation with
respect to building or other user of the land or with respect
to mines and minerals or with respect to or for the purpose
of the more beneficial working thereof or with respect to any
other thing may be imposed or reserved and made binding,
as far as the law permits, by covenant, condition or other-
wise, on the settled land or any part thereof.

30. A sale may be made by a tenant for life, either Mines and
minerals.

of land, with or without an exception or reservation of all
or any of the mines and minerals therein, or of any mines
and minerals, and in any such case with or without a grant
or reservation of powers of working, way leaves or rights
of way, rights of water, and drainage and other powers,
easements, rights and privileges for or incidental to or con-
nected with mining purposes in relation to the settled land
or any part thereof.

31. (1) Where a tenant for life is impeachable for Timber.
waste in respect of timber, and there is on the land timber
ripe and fit for cutting, the tenant for life, on obtaining the
consent of the trustees of the settlement or an order of the
Court, may cut and sell that timber or any part thereof.

(2) Three-fourth parts of the net proceeds of the sale
shall be set aside as and be capital money arising under this
Act, and the other fourth part shall go as rents and profits.

32. Where on a sale there is an incumbrance affect- Transfer of
incumbrances on

ing land sold, the tenant for life with the consent of the land sold.
incumbrancer may charge that incumbrance on any other
part of the settled land, whether already charged therewith
or not, in exoneration of the part sold and by conveyance
of the fee simple or other estate or interest the subject of

LAWS OF ANTIGUA AND BARBUDA

18 CAP. 398) Settled Estates

the settlement or by creation of a term of years in the settled
land or otherwise make provision accordingly.

Power of tenant
for life to lease.

3 . (1) A tenant for life may lease the settled land
or any part thereof or any easement, right or privilege of
any kind over or in relation to the same for agriculture or
occupation for any term not exceeding twenty-one years.

(2) Every such lease shall be by deed and be made to
take effect in possession not later than twelve months after
its date.

(3) Every such lease shall reserve the best rent that can
reasonably be obtained, which rent shall be incident to the
immediate reversion.

(4) Every such lease shall contain a covenant by the
lessee for payment of the rent and a condition of re-entry
on the rent not being paid within a time therein specified,
not exceeding thirty days, and on non-observance of any
of the covenants or conditions therein contained.

Completion by
conveyance.

34. (1) O n a sale or lease the tenant for life may,
as regards land sold or leased or intended so to be, including
leasehold land vested in trustees, or as regards easements
or other rights or privileges sold or leased or intended so
to be, convey or create the same by deed for the estate or
interest the subject of the settlement or for any less estate
or interest to the uses and in the manner requisite for giving
effect to the sale or lease.

(2) Such deed, to the extent and in the manner to and
in which it is expressed or intended to operate and can operate
under this Act, is effectual to pass the land conveyed or the
easements, rights or privileges created, discharged from all
the limitations, powers and provisions of the settlement and
from all estates, interests and charges subsisting or to arise
thereunder, but subject to and with the exception of-

( a ) all estates, interests and charges having priority
to the settlement;

(b) all such other, if any, estates, interests and
charges as have been conveyed or created for securing
money actually raised at the date of the deed; and

LAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 19

(c) all leases and grants at fee farm rents or other-
wise and all grants of easements, rights of common or
other rights or privileges granted or made for value in
money or money's worth, or agreed so to be, before
the date of the deed, by the tenant for life or by any
of his predecessors in title or by any trustees for him
or them under the settlement or being otherwise bind-
ing on the successors in title of the tenant for life.

35. (1) Capital money arising under this Act, sub- ~,YZ,";;~ and
ject to payment of claims properly payable thereout and to devolution of
application thereof for any special authorized object for which capital money;

application of
the same was raised, shall, when received, be invested or ;n,,,e,
otherwise applied wholly in one or partly in one and partly
in another or others of the following modes, namely-

(a) In investment in securities on which the trustees
of the settlement are by the settlement or by law
authorized to invest trust money of the settlement, with
power to vary the investment into or for any other such
securities;

( 6 ) In discharge, purchase or redemption of incum-
brances affecting the inheritance of the settled land or
other the whole estate the subject of the settlement;

(6) In purchase of the reversion of freehold in fee
of any part of the settled land being leasehold land held
for years or life or years determinable on life;

(6) In purchase of land in fee simple of leasehold
land held for sixty years or more unexpired at the time
of purchase, subject or not to any exception or riserva-
tion of or in respect of mines or minerals therein or of
or in respect of rights or powers relative to the working
of mines or minerals therein;

(e) In purchase, either in fee simple or for a term
of sixty years or more, of mines and minerals conve-
nient to be held or worked with the settled land or of
any easement, right or privilege convenient to be held
with the settled land for mining or other purposes;

In payment of any person becoming absolutely
entitled or empowered to give an absolute discharge;

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 398) Settled Estates

Cp-) In payment of costs, charges and expenses of
or incidental to the exercise of any of the powers or the
execution of any of the provisions of this Act;
'

(h ) In any other mode in which money produced
by the exercise of a power of sale in the settlement is
applicable thereunder.

(2) Capital money arising under this Act shall, in order
to its being invested or applied as aforesaid, be paid either
to the trustees of the settlement or into Court at the option
of the tenant for life and shall be invested or applied by the
trustees or under the order of the Court, as the case may
be, accordingly.

(3) The investment or other application by the trustees
shall be made according to the direction of the tenant for
life and in default thereof according to the discretion of the
trustees, but in the last mentioned case subject to any con-
sent required or direction given by settlement with respect
to the investment or other application by the trustees of trust
money of the settlement; and any investment shall be in the
names or under the control of the trustees.

(4) The investment or other application under the direc-
tion of the Court shall be made on the application of the
tenant for life or of the trustees.

(5) Any investment or other application shall not dur-
ing the life of the tenant for life be varied without his consent.

(6) Capital money arising under this Act, while remain-
ing uninvested or unapplied, and securities on which an
investment of any such capital money is made shall for all
purposes of disposition, transmission and devolution be con-
sidered as land, and the same shall be held for and go to
the same persons successively in the same manner and for
and on the same estates, interests and trusts as the land
wherefrom the money arises would, if not disposed of, have
been held and gone under the settlement.

(7) The income of those securities shall be paid or
applied as the income of that land, if not disposed of, would
have been payable or applicable under the settlement.

IAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 2 1

(8) Those securities may be converted into money,
which shall be capital money arising under this Act.

(9) Capital money arising under this Act from settled
land in Antigua and Barbuda shall not be applied in the
purchase of land out of Antigua and Barbuda, unless the
settlement or the Court expressly authorizes the same.

36. (1) Land acquired by purchase shall be made sub- f;::;;;:;:,,
ject to the settlement in manner directed in this section.

(2) Freehold land shall be conveyed to the uses, on the
trusts and subject to the powers and provisions which under
the settlement or by reason of the exercise of any power of
charging therein contained are subsisting with respect to the
settled land, or as near thereto as circumstances permit, but
not so as to increase or multiply charges or powers of
charging.

(3) Leasehold land shall be conveyed to and vested in
the trustees of the settlement on trusts and subject to powers
and provisions corresponding, as nearly as the law and
circumstances permit, with the uses, trusts, powers and pro-
visions to, on and subject to which freehold land is to be
conveyed as aforesaid, so nevertheless that the beneficial
interest in land held by lease for years shall not vest absolutely
in a person who is by the settlement made by purchase tenant
in tail, or in tail male or in tail female, and who dies under
the age of twenty-one years, but shall on the death of that
person under that age go as freehold land conveyed as
aforesaid would go.

(4) Land acquired by purchase may be made a
substituted security for any charge in respect of money
actually raised and remaining unpaid from which the settled
land or any part thereof has theretofore been released on
the occasion and in order to the completion of a sale.

(5) Where a charge does not affect the whole of the
settled land, then the land acquired shall not be subjected
thereto, unless the land is acquired by purchase with money
arising from sale of land which was before the sale subject
to the charge.

LAWS OF ANTIGUA AND BARBUDA

2 2 CAP. 398) Settled Estates

Power of tenant
for life to enter
into contracts.

(6) On land being so acquired any person who by the
direction of the tenant for life so conveys the land as to sub-
ject it to any charge shall not be concerned to inquire whether
or nor it is proper that the land should be subjected to the
charge.

(7) The provisions of this section referring to land extend
and apply, as far as may be, to mines and minerals and to
easements, rights and privileges over and in relation to land.

37. (1) A tenant for life-
( a ) may contract to make any sale and may vary

or rescind, with or without consideration, the contract,
in the like cases and manner in which, if he were absolute
owner of the settled land, he might lawfully vary or
rescind the same, but so that the contract, as varied,
be in conformity with this Act, and any such considera-
tion, if paid in money, shall be capital money arising
under this Act; and

( b ) may contract to make any lease and in making
the lease may vary the terms with or without considera-
tion, but so that the lease be in conformity with this
Act; and

(c) may in any other case enter into a contract to
do any act for carrying into effect the purposes of this
Act and may vary or rescind the same.

( 2 ) Every such contract shall be binding on and shall
enure for the benefit of the settled land and shall be
enforceable against and by every successor in title for the
time being of the tenant for life and may be carried into
effect by any such successor; but so that it may be varied
or rescinded by and such successor in the like case and
manner, if any, as if it had been made by himself.

(3) The Court may on the application of the tenant for
life or of any such successor or of any person interested in
any contract, give directions respecting the enforcing,
carrying into effect, varying or rescinding thereof.

LAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 23

(4) Any preliminary contract under this Act for or
relating to a lease shall not form part of the title or evidence
of the title of any person to the lease or to the benefit thereof.

(5) A tenant for life may make any conveyance which
is necessary or proper for giving effect to any contract entered
into by a predecessor in title, and which, if made by such
predecessor, would have been valid as against his successors
in title.

PART I11

38. (1) Payment of money into Court shall effectually Procedure.
exonerate therefrom the person making the payment.

(2) Every application to the Court under this Act not
being an application under Part I, shall be by petition or
by summons in chambers.

(3) On an application by the trustees of a settlement
under Part I1 notice shall be served in the first instance on
the tenant for life.

(4) O n any application notice shall be served upon such
persons, if any, as the Court thinks fit.

(5) The Court shall have full power and discretion to
make such order as it thinks fit respecting the costs, charges
or expenses of all or any of the parties to an application and
may, if it thinks fit, order that all or any of those costs, charges
or expenses be paid out of property subject to the settlement.

39. Where the Court directs that any costs, charges Costs.
or expenses be paid out of property subject to a settlement,
the same shall, subject and according to the directions of
the Court, be raised and paid out of capital money arising
under this Act or other money liable to be laid out in the
purchase of land to be made subject to the settlement or out
of investments representing such money or out of income
of any such money or investments or out of any accumula-
tions of income of land, money or investments or by means
of a sale of part of the settled land in respect whereof the
costs, charges or expenses are incurred or of other settled

LAWS OF ANTIGUA AND BARBUDA

2 4 C A P . 398) Settled Estates

land comprised in the same settlement and subject to the
same limitations or by means of a mortgage of the settled
land or any part thereof to be made by such person as the
Court directs and either by conveyance of the fee simple or
other estate or interest the subject of the settlement or by
creation of a term or otherwise or by means of a charge on
the settled land or any part thereof or partly in one of those
modes and partly in another or others or in any such other
mode, as the Court thinks fit.

PART IV

Married women. 40. (1) Where a married woman who, if she had not
been a married woman, would have been a tenant for life
or would have had the powers of a tenant for life under the
foregoing provisions of this Act is entitled for her separate
use or is entitled under any statute, passed or to be passed,
for her separate property or as a femme sole, then she without
her husband shall have the powers of a tenant for life under
this Act.

(2) Where she is entitled otherwise than as aforesaid,
then she and her husband together shall have the powers
of a tenant for life under this Act.

(3) The provisions of this Act referring to a tenant for
life and a settlement and settled land shall extend to the mar-
ried woman without her husband or to her and her husband
together, as the case may require, and to the instrument
under which her estate or interest arises and to the land
therein comprised.

(4) The married woman may execute, make and do all
deeds, instruments and things necessary or proper for giv-
ing effect to the provisions of this section.

(5) A restraint on anticipation in the settlement shall
not prevent the exercise by her of any power under this Act.

Infants. 41. (1) Where a person who is in his own right seised
of or entitled in possession to land is an infant, then for the
purposes of this Act the land is settled land, and the infant
shall be deemed tenant for life thereof.

LAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 2 5

(2) Where a tenant for life or a person having the powers
of a tenant for life under this Act is an infant, or an infant
would, if he were of full age, be a tenant for life, the powers
of a tenant for life under this Act may be exercised on his
behalf by the trustees of the settlement and, if there are none,
then by such person and in such manner as the Court on
the application of a testamentary or other guardian or next
friend of the infant, either generally or in a particular
instance, orders.

42. Subject as aforesaid and as hereinafter appears, !';$t.der
all powers given by this Act and all applications to the Court generally.
under this Act and consents to and notifications respecting
such applications may be executed made or given by, and
all notices under this Act may be given to guardians on behalf
of infants and by or to committees on behalf of persons of
unsound mind and by or to trustees or assignees of the
property of bankrupts, debtors in liquidation or insolvents.

PART V

43. (1) If at any time there are no trustees of a Appointment of
trustees by settlement within the definition in this Act, or where in any Court.

other case it is expedient, for purposes of this Act, that new
trustees of a settlement be appointed, the Court may, if it
thinks fit, on the application of the tenant for life or of any
other person having under the settlement, an estate or interest
in the settled land in possession, remainder or otherwise or,
in the case of an infant, of his testamentary or other guardian,
or next friend, appoint fit persons to be trustees under the
settlement for purposes of this Act.

(2) The persons so appointed and the survivors and sur-
vivor of them, while continuing to be trustees, or trustee,
and until the appointment of new trustees, the personal
representatives or representative for the time being of the
last surviving or continuing trustee, shall for purposes of this
Act become and be the trustees or trustee of the settlement.

44. (1) Notwithstanding anything in this Act, capital Number of
trustees to act.

money arising under this Act shall not be paid to fewer than
two persons as trustees of a settlement, unless the settlement

LAWS OF ANTIGUA AND BARBUDA

CAP. 398) Settled Estates

authorizes the receipt of capital trust money of the settle-
ment by one trustee.

Trustees receipts.

(2) Subject thereto, the provisions of this Act referring
to the trustees of a settlement apply to the surviving or con-
tinuing trustees or trustee of the settlement for the time being.

45. The receipt in writing of the trustees of a settle-
ment or, where one trustee is empowered to act, of one
trustee, or of the personal representatives or representative
of the last surviving or continuing trustee, for any money
or securities, paid or transferred to the trustees, trustee,
representatives or representative, as the case may be, effec-
tually discharges the payer or transferor therefrom and from
being bound to see to the application or being answerable
for any loss or misapplication thereof and, in case of a mort-
gagee or other person advancing money, from being con-
cerned to see that any money advanced by him is wanted
for any purpose of this Act, or that no more than is wanted
is raised.

Protection of 46. Each person who is for the time being trustee of
each trustee
individually. a settlement is answerable for what he actually receives only,

notwithstanding his signing any receipts for conformity, and
in respect of his own acts, receipts and defaults only, and
is not answerable in respect of those of any other trustee
or of any banker, broker or other person or for the insuffi-
ciency or deficiency of any securities or for any loss not hap-
pening through his own wilful default.

Protection of 47. The trustees of a settlement, or any of them, are
trustees
generally. not liable for giving any consent, or for not making, bring-

ing, taking or doing any such application, action, proceeding,
or thing as they might make, bring, take or do; and in the
case of purchase of land with capital money arising under
this Act, or of a lease, are not liable for adopting any con-
tract made by the tenant for life, or bound to inquire as to
the propriety of the purchase or lease, or answerable as
regards any price, consideration or fine, and are not liable
to see to or answerable for the investigation of the title, or
answerable for a conveyance of land, if the conveyance pur-
ports to convey the land in the proper mode or liable in
respect of purchase money paid by them by direction of the
tenant for life to any person joining in the coveyance as a
conveying party, or as giving a receipt for the purchase

LAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 27

money, or in any other character, or in respect of any other
money paid by them by direction of the tenant for life on
the puchase or lease.

48. The trustees of a settlement may reimburse Trustees'
reimbursement. themselves or pay and discharge out of the trust property

all expenses properly incurred by them.

49. If at any time a difference arises between a tenant Reference of
differences to for life and the trustees of the settlement, respecting the court.

exercise of any of the powers of this Act, or respecting any
matter relating thereto, the Court may, on the application
of either party, give such directions respecting the matter
in difference and respecting the costs of the application as
the Court thinks fit.

50. (1) A tenant for life, when intending to make a Notice to
sale or lease, shall give notice of his intention in that behalf trustee"^
to each of the trustees of the settlement by posting registered
letters, containing the notice, addressed to the trustees,
severally, each at his usual or last known place of abode in
Antigua and Barbuda, and shall give like notice to the solicitor
for the trustees, if any such solicitor is known to the tenant
for life, by posting a registered letter, containing the notice,
addressed to the solicitor at his place of business in Antigua
and Barbuda, every letter under this section being posted
not less than one month before the making by the tenant
for life of the sale or lease, or of a contract for the same:

Provided that at the date of notice given the number
of trustees shall not be less than two, unless a contrary
intention is expressed in the settlement.

(2) The notice of intention to make a sale or lease may
be notice of a general intention in that behalf.

(3) The tenant for life is upon request by a trustee of
the settlement to furnish to him such particulars and infor-
mation as may reasonably be required by him from time
to time with reference to sales or leases effected or in pro-
gress or immediately intended.

LAWS OF ANTIGUA AND BARBUDA

CAP. 398) Settled Estates

(4) Any trustee, by writing under his hand, may waive
notice, either in any particular case or generally, and may
accept less than one month's notice.

(5) A person dealing in good faith with the tenant for
life is not concerned to inquire respecting the giving of any
such notice as is required by this section.

PART VI

MISCELLANEOUS

Limited owners
who are to have

5 1. (1) Each such person as follows shall, when the
powers of tenant estate or interest of each of them is in possession, have the
for life. powers of a tenant for life under this Act, as if each of them

were a tenant for life as defined in this Act, namely-

( a ) a tenant in tail;

( 6 ) a tenant in fee simple with an executory limita-
tion, gift or disposition over on failure of his issue or
in any other event;

(G) a person entitled to a base fee;

(d) a tenant for years determinable on life, not
holding merely under a lease at a rent;

(e) a tenant for the life of another, not holding
merely under a lease at a rent;

Cf) a tenant for his own life or any other life or
for years determinable on life whose estate is liable to
cease in any event during that life, whether by expira-
tion of the estate or by conditional limitation or other-
wise, or to be defeated by an executory limitation, gift
or disposition over or is subject to a trust for accumula-
tion of income for payment of debts or other purpose;

(g) a tenant in tail after possibility of issue extinct;

(h ) a person entitled to the income of land under
a trust or direction for payment thereof to him during
his own or any other life, whether subject to expenses
of management or not, or until the sale of the land or
until forfeiture of his interest therein on bankruptcy or
other event.

LAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 2 9

(2) In every such case the provisions of this Act refer-
ring to a tenant for life, either as conferring powers on him
or otherwise, and to a settlement and to settled land shall
extend to each of the persons aforesaid and to the instru-
ment under which his estate or interest arises and to the land
therein comprised.

(3) In any such case any reference in this Act to death
as regards a tenant for life shall, where necessary, be deem-
ed to refer to the determination by death or otherwise of
such estate or interest as last aforesaid.

52. A lease for a term not exceeding twenty-one years Provisions as to
leases for 21

at the best rent that can be reasonably ~btained without fine, years.
and whereby the lessee is not exempted from punishment
for waste, may be made by a tenant for life-

(a) without any notice of an intention to make the
same having been given under section 50; and

(6) notwithstanding that there are no trustees of
the settlement for the purposes of this Act; and

(c) by any writing under hand only, containing an
agreement, instead of a covenant, by the lessee for pay-
ment of rent, in cases where the term does not extend
beyond three years from the date of the writing.

53. Any leases, whether granted in pursuance of this ~ , " ; ~ ~ ; f ~ ~ e s ,
Act or otherwise, may be surrendered, either for the pur-
pose of obtaining a renewal of the same or not; and the
powers to authorize and grant leases conferred by this Act
shall extend to authorize and grant new leases of the whole
or any part of the hereditaments comprised in any sur-
rendered lease.

54. A tenant for life shall in exercising any power Tenant trustee for for all life
under this Act, have regard to the interests of all parties en- parties
titled under the settlement and shall, in relation to the exer- interested.
cise thereof by him, be deemed to be in the position and
to have the duties and liabilities of a trustee for those parties.

55. O n a sale or lease, a purchaser or lessee dealing General
protection of

in good faith with a tenant for life shall, as against all par- purchasers.
ties entitled under the settlement, be conclusively taken to

LAWS OF ANTIGUA AND BARBUDA

3 0 C A P . 398) Settled Estates

have given the best price, consideration or rent, as the case
may require, that could reasonably be obtained by the tenant
for life, and to have complied with all the requisitions of
this Act .

Provision
enabling dealings

56. Where a sale of settled land is to be made to the
with tenant for tenant for life, or a purchase is to be made from him of land
life. to be made subject to the limitations of the settlement, the

trustees of the settlement shall stand in the place of and repre-
sent the tenant for life and shall, in addition to their powers
as trustees, have all the powers of the tenant for life in
reference to negotiating and completing the transaction.

Application of
money in hands

57. Where under a settlement money is in the hands
of trustees under of trustees and is liable to be laid out in the purchase of land
powers of
settlement.

to be made subject to the settlement, then, in addition to
such powers of dealing therewith as the trustees have
indepindently of this ~ c t ; they may at the option of the tenant
for life, invest or apply the same as capital money arising
under this Act.

Application of
money paid for

58. Where capital money arising under this Act is
lease or purchase money paid in respect of a lease for years or life
reversion. or years determinable on life or in respect of any other estate

or interest in land less than the fee simple, or in respect of
a reversion dependent on any such lease, estate or interest,
the trustees of the settlement or the Court, as the case may
be, and, in the case of the Court, on the application of any
party interested in that money, may, notwithstanding
anything in this Act, require and cause the same to be laid
out, invested, accumulated and paid in such a manner as,
in the judgment of the trustees or of the Court, as the case
may be; will give to the parties interested in that money the
like benefit therefrom as they might lawfully have had from
the lease, estate, interest or reversion in respect whereof the
money was paid, or as near thereto as may be.

Powers not
assignable;

59. (1) The powers under this Act of a tenant for
contract not to life are not capable of assignment or release and do not pass
exercise powers to a person as being by operation of law or otherwise an
void.

assignee of a tenant for life and remain exercisable by the
tenant for life after and notwithstanding, any assignment
by operation of law or otherwise of his estate or interest under
the settlement.

LAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 3 1

(2) A contract by a tenant for life not to exercisc any
of his powers under this Act is void.

(3) But this section shall operate without prejudice to
the rights of any person being an assignee for value of the
estate or interest of the tenant for life; and in that case the
assignee's rights shall not be affected without his consent,
except that, unless the assignee is actually in possession of
the settled land or part thereof, his consent shall not be
requisite for the making of leases thereof by the tenant for life:

Provided the leases are made at the best rent that can
reasonably be obtained, without fine, and in other respects
are in conforn~ity with this Act.

(4) This section extends to assignments made or com-
ing into operation before or after and to acts done before
or after the commencement of this Act; and in this section
"assignment" includes assignment by way of mortgage, and
any partial or qualified assignment, and any charge or
incumbrance, and "assignee" has a meaning corresponding
with that of assignment.

(5) Every instrument whereby a tenant for life in con-
sideration of marriage or as part or by way of any family
arrangement, not being a security for payment of money
advanced, makes an assignment of or creates a charge upon
his estate or interest under the settlement is to be deemed
one of the instruments creating the settlement and not an
instrument vesting in any person any right as assignee for
value within the meaning or operation of this section.

60. (1) If in a settlement, will, assurance or other ~ ~ ~ ~ ~ ~ ~ ; f n s l
instrument executed or made before or after or partly before .xercise - .
and partly after the commencement of this Act, a provision powers void.
is inserted purporting or attempting, by way of direction,
declaration or otherwise, to forbid a tenant for life to exer-
cise any power under this Act, or attempting, or tending
or intended by a limitation, gift, or disposition over of settl-
ed land, or by a limitation, gift, or disposition of other real
or any personal property, or by the imposition of any condi-
tion, or by forfeiture, or in any other manner whatever, to
prohibit or prevent him from exercising, or to induce him
to abstain from exercising, or to put him into a position

LAWS OF ANTIGUA AND BARBUDA

32 CAP. 398) Settled Estates

inconsistent with his exercising, any power under this Act,
that provision as far as it purports, or attempts, or tends,
or is intended to have, or would or might have, the opera-
tion aforesaid shall be deemed to be void.

(2) For the purposes of this section an estate or interest
limited to continue so long only as a person abstains from
exercising any power shall be and take effect as an estate
or interest to continue for the period for which it would con-
tinue if that person were to abstain from exercising the power,
discharged from liability to determination or cesser by or
on his exercising the same.

Provision against
forfeiture.

6 1. Notwithstanding anything in a settlement, the
exercise by the tenant for life of any power under this Act
shall not occasion a forfeiture.

Exercise of
powers;

62. (1) Powers and authorities conferred by this Act
limitation of on a tenant for life or trustees are exercisable from time to
provisions. time.

(2) Where a power of sale or leasing or other power
is exercised by a tenant for life or by the trustees of a settle-
ment, he and they may respectively execute, make and do
all deeds, instruments, and.things necessary or proper in
that behalf.

(3) Where any provision in this Act refers to sale, pur-
chase, leasing or other dealing, or to any power, consent,
payment, receipt, deed, assurance, contract, expenses, act
or transaction, the same shall be considered to extend only,
unless it is otherwise expressed, to sales, purchases, leasings,
dealings, powers, consents, payments, receipts, deeds,
assurances, contracts, expenses, acts and transactions under
this Act.

Saving for other
power.

63. (1) Nothing in this Act shall take away, abridge
or prejudicially affect any power for the time being subsisting
under a settlement, or by statute or otherwise, exercisable
by a tenant for life, or by trustees with his consent, or on
his request, or by his direction, or otherwise; and the powers
given by this Act are cumulative.

(2) But, in case of conflict between the provisions of
a settlement and the provisions of this Act, relative to any

LAWS OF ANTIGUA AND BARBUDA

Settled Estates (CAP. 398 3 3

matter in respect whereof the tenant for life exercises or con-
tracts or intends to exercise any power under this Act, the
provisions of this Act shall prevail; and, accordingly, not-
withstanding anything in the settlement, the consent of the
tenant for life shall, by virtue of this Act, be necessary to
the exercise by the trustees of the settlement or other person
of any power conferred by the settlement exercisable for any
purpose provided for in this Act:

Provided that, where two or more persons together con-
stitute the tenant for life for the purposes of this Act, the
consent of only one of those persons shall be necessary to
the exercise by the trustees of the settlement, or by any other
person, of any power conferred by the settlement exercisable
for any purpose provided for in this Act.

( 3 ) If a question arises, or a doubt is entertained,
respecting any matter within this section, the Court may,
on the application of the trustees of the settlement or of the
tenant for life, or of any other person interested, give its
decision, opinion, advice or direction thereon.

64. (1) Nothing in this Act shall preclude a settlor ~~~~~;~~ by
from conferring on the tenant for life, or the trustees of the settlement.
settlement, any powers additional to or larger than those con-
ferred by this Act.

(2) Any additional or larger powers so conferred shall,
as far as may be, notwithstanding anything in this Act operate
and be exercisable in the like manner, and with all the like
incidents, effects and consequences as if they were confer-
red by this Act unless a contrary intention is expressed in
the settlement.

65. The Court may, if it thinks fit, approve of any Proceedings for
protection or

action, defence, petition to the Legislature or opposition to reco,e,y of land
such a petition or other proceeding taken or proposed to be settled or claimed

as settled.
taken for protection of settled land, or of any action or pro-
ceeding taken or proposed to be taken for recovery of land
being or alleged to be subject to a settlement and may direct
that any costs, charges or expenses incurred or to be incur-
red in relation thereto, or any part thereof, be paid out of
property subject to the settlement.

LAWS OF ANTIGUA AND BARBUDA

34 CAP. 398) Settled Estates

No obligation to
consent.

66. Nothing in this Act shall be construed to create
any obligation on any person to make or consent to any
application to the Court or to exercise any power.

1

Rules and orders. 67. General rules and orders of Court for carrying
into effect the purposes of this Act and for regulating the
times and form and mode of procedure and generally the
practice of the Court in respect to the matters to which this
Act relates and for regulating the Court fees and the fees
and allowances of officers of the Court, counsel and solicitors
in respect of such matters shall be made in the same manner
as rules of the Supreme Court may be made, and such rules
and orders may be rescinded or altered by the like authori-
ty, and all such rules and orders, upon being approved by
the Cabinet and published in the Gazette, shall take effect
as rules and orders of the Court.