The Law Reports (Chancery Division)
[1963] Ch 365
[CHANCERY DIVISION]
In re ST. ALBANS' WILL TRUST.
1961 Dec. 21.
Pennycuick J.
Entailed Interest
— Will
— Tenant in tail in contingency
— Gift to “person who on my death or the failure of my male issue (which shall last happen) shall become duke”
— Disentailing assurance by heir presumptive
— Right to bar entail
— Whether heir preemptive had contingent interest in tail and therefore an “actual tenant in tail”
—
Fines and Recoveries Act, 1833 (3 & 4 Will. 4, c. 74), ss. 1, 15.