disentail

To free from entailment.

If the estates of such heir in possession shall be sequestrated for debt incurred after the passing of this Act, the trustee on his estate shall be entitled to apply to the court for authority to disentail the estate, and the court shall proceed as under the former section.

A great advance was made in the relaxations of the fetters of an entail, and a radical change was made in the position of the heir, by the Rutherfurd Act, 1848 (11 & 12 Viet. 3. 36), which first gave the heir in possession power to disentail.

The act of freeing from entailment.

A form of the instrument of disentail is appended to the Act of 1848.

Where the heir in possession of an entailed estate or the heir-apparent shall, together or separately, have secured by obligation in any marriage-contract prior to the passing of this Act, the descent of such estate upon the issue of the marriage, it shall not be competent for them to apply for or to consent to the disentail of such estate until there shall be a child born of such marriage capable of taking th estate in terms of such contract, and who, by himself or his guardian, shall consent to such disentail, or until such marriage shall be dissolved without such child being born, […]