Bermuda Consolidated Legislation

BERMUDA
1901 : 11

DISENTAILING ACT 1901

ARRANGEMENT OF SECTIONS

1 Mode of altering an estate in fee simple to fee tail

2 Deed; time of execution

3 Act not to confirm or bet ter an original title

4 [repealed by 1951:78]

[22 August 1901]

[preamble and words of enactment omitted]

Mode of altering an estate in fee simple to fee tail

1 (1) Any person seised of an estate in fee tail in any land in Bermuda may alter such estate from fee tail to fee simple by executing a deed granting such land to the use of himself or any other person his heirs and assigns for ever.

(2) On such deed being deposited in the office of the Registrar-General to be recorded, within six months after the execution thereof, if executed in Bermuda, and not elsewhere, or within twelve months if exe cuted out of Bermuda, the estate in the land thereby granted shall be thereupon altered from fee tail to fee simple.

Deed; time of execution

2 (1) For the purposes of this Act the time of execution of any deed shall be taken to mean the latest time at which, from any attesta tion clause or other writing or certificate endorsed thereon or annexed thereto, any or either of the parties to such deed shall appear to have ex ecuted the same, or, in the absence of any such evidence when the same was executed, the date of such deed.

(2) Whenever any such deed is deposited in the office of the Registrar-General to be recorded, the Registrar-General shall note or stamp on the back of such deed the date when the same is deposited to be recorded.

Act not to confirm or better an original title

3 Nothing in this Act contained shall be construed so as to confirm or better an original title, but merely so as to define the mode of altering an estate from fee tail to fee simple.

[this Act, by virtue of its original section 4 [now repealed] was brought into operation on 1 January 1902]