In Re Hunter and Hewlett’s Contract: 1907

A moiety of a freehold was settled during the life of the trustees and the survivor of them for the benefit of the two daughters of the settlor, their husbands and issue. The reversion in fee expectant remained with the settlor. It was common ground that no greater estate than an estate pur autre vie in one moiety passed by the settlement. The question was whether the daughters could sell and convey the fee simple in one moiety or only a moiety in the estate pur autre vie. The reversion was separated from the estate. Could the daughters make a good title as tenants for life under the Settled Land Act 1882 to the moiety comprised in the settlement.
Held: They could.
Swinfen Eady J said: ‘Although the reversion is separated off from the particular estate by the settlement itself and remains vested in the grantor, and is not in fact comprised in the settlement, the effect of the Act is to treat it for the purposes of the Act as if it were comprised in the subject of the settlement. Therefore the settlement is for the purposes of the Settled Land Act a settlement of the moiety of the fee, that moiety is settled land for the purposes of the Act; and each daughter, having the powers of a tenant for life, can sell and convey a half part of the moiety, the purchase-money being paid to the trustees of the settlement.’
Swinfen Eady J
[1907] 1 Ch 46
Settled Land Act 1882
England and Wales
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Updated: 21 May 2021; Ref: scu.652164