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Entail Provisions Act 1824

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Entail Provisions Act 1824, Section 6 is up to date with all changes known to be in force on or before 16 October 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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6 Where provisions to children granted to full extent, no further provisions granted till former diminished, &c.E+W+S+N.I.

Provided always, that where the powers herein before contained of granting provisions to a child or children shall have been exercised by one or more heir or heirs in possession of any such entailed lands and estates as aforesaid, to the full extent of three years free rent or value of the entailed estate as aforesaid, it shall not be in the power of any heir in possession of the same lands and estates to grant further provisions to his or her child or children, till some part of the provisions granted to the extent of three years free rent or value as aforesaid shall have been paid or extinguished: but upon the payment or extinction thereof, or of any part thereof, it shall be in the power of such heir in possession to grant provisions to his or her child or children, to the extent of the provisions so paid or extinguished as aforesaid; the heir in possession of any such entailed lands and estates as aforesaid being always hereby empowered to grant provisions to his or her child or children, to such extent of the power of granting provisions to a child or children herein before contained as may be open or unexercised for the time, so that the provisions to be granted do not in any case exceed the proportions aforesaid of one year’s free rent or value for one child, of two years free rent or value for two children, and of three years free rent or value for three or more children: And provided always, that such provision shall (except in the case of the settlement thereof by a marriage contract as herein before mentioned,) be valid and effectual only to such child or children as shall be alive at the death of the grantor, or to the child or children of which the wife of the grantor shall be then pregnant; and that upon any such child succeeding to the entailed estate, the provision granted to him or her, in so far as not previously paid, shall be extinguished for ever, and shall never be set up as a debt against any succeeding heir.

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