South Australian Consolidated Acts

SETTLED ESTATES ACT 1880 - SECT 2

2—Interpretation of settlement and settled estates

The word "settlement", as used in this Act, shall signify any Act of Parliament, deed, agreement, will, or other instrument, or any number of such instruments under or by virtue of which any hereditaments of any tenure or any estates or interests in any such hereditaments now or at any time stand limited to or in trust for any persons by way of succession, including any such instruments affecting the estates of any one or more of such persons exclusively.

The term "settled estates", as used in this Act, shall signify all hereditaments of any tenure, and all estates or interests in any such hereditaments which are or shall be the subject of a settlement; and for the purpose of this Act a tenant-in-tail after possibility of issue extinct shall be deemed to be a tenant for life.

All estates or interests in remainder or reversion not disposed of by the settlement, or reverting to a settlor, or descending to the heirs, executors, or administrators of a testator, shall be deemed to be estates coming to such settlor, or heirs, executors, or administrators under and by virtue of the settlement.

In determining what are settled estates within the meaning of this Act, the court shall be governed by the state of facts, and by the trusts or limitations of the settlement at the time of the said settlement taking effect.