(c) See Burdett v. Doe d. Spile-bury, 10 Cl. & Fin. 340, where a power to be exercised by will signed, sealed and published in the presence of and attested by three witnesses was held to be well executed by a signed and sealed will with this attestation clause. 'Witness. Charles Ball. Eliz. Ball. Ann Ball."

(d) Above, pp. 294, 295.

(e) Above, p. 113.

(f) Above, p. 293.

(g) Davies v. Davies, 38 Ch. D.

Mogridge v. Clapp, 1892, 3 Ch. 382, 398; Sutherland v.

Sutherland, L893, 3 Ch. 169; Chandler v. Bradley, 1897. 1 Ch. 315; Be Handman and Wilcox's Contract, 1902, 1 Ch. 599: Boyce v. Edbrooke, 1902, 1 Ch. 836.

Sales under the Settled Land Acts.

The Leases Ants, 1849 and 1850, apply to an intended exercise of a statutory as well as to an express power of leasing; see above, p. 293, n. (b).

(h) See stat. 45 & 46 Vict. c. 38, ss. 2 (1 - 4, 10), 3. By s. 2, sub-s. 10 (i), in this Act land includes incorporeal hereditaments, also an undivided share in land. In Re Brotherton's Estate, 1908, W. N. 56, 98 L. T. 547, it was considered by the C. A. that an easement incident to settled land, as the dominant tenement, and exercisable over other land might well be sold under the Settled Land Acts to the owners of the servient tenement; although the Court appeared to entertain a doubt (which it is respectfully submitted was not well founded) whether such an easement could be exchanged under the Acts for another easement, which the owners of the before mentioned servient tenement were entitled to exercise over the settled land. See Shep. Touch. 292, that a right of way may be the object of an exchange; 24 L. Q. R. 260, and n. (3), 262 - 265.

(i) See stat. 45 & 46 Vict. c. 38, s.s. 2 (5 - 7), 58.

(k) Stat. 53 & 54 Vict. c. 69, s. 10, replacing 45 & 46 Vict, c. 38, s. 15; see Pease v. Courtney, 1904, 2 Ch. 503; Gilbey v. Rush, 1906, 1 Ch. 11; Re Wythes' Settled Estates, 1908, 1 Ch. 593. For the principles by which the Court is guided in exercising the jurisdiction so conferred, see Re Ailes-buri/'s Settled Estates, 1892, 1 Ch. 506; Bruce v. Ailesbury, 1892, A. C. 356.

As to giving notice of an intended sale.

(1) See stats. 45 & 46 Vict. c. 38, ss. 2 (8), 38 - 40; 53 & 54 Vict. c. 69, s. 16.

(m) Stat. 45 & 46 Vict. c. 38, s. 22(1).

(n) Re Nor/an and Lot Cat Contrast, 1909, 2 Ch. 59.

(o) Stat. 45 & 16 Viet. c. 38, s. 20.

(p) See stat. 45 & 46 Vict. c. 38, a. 53; Sutherland v. Sutherland, 1893, 3 Ch. 169; Chandler v. Bradley, 1S97, 1 Ch. 315; Re Sandman and Wilcox's Contract, 1902, 1 Ch. 599.

(q) Stats. 45 & 46 Vict. c. 38, s. 45; 47 & 48 Vict. c. 18, a. 5.

(r) Stat. 45 & 46 Vict. c. 38 s. 45 (3).

As to whether there are trustees of the settlement at the time of sale.

(s) See Marlborough v. Sartor is, 32 Ch. D. 616, 623; Hatten v. Russell, 38 Ch. D. 334, 344.

(t) Marlborough v. Sartoris, 32 Ch D. 616.

(u) Hatten v. Russell, 38 Ch. D. 334

(w) Stat. 45 & 46 Vict. c. 38, s. 22 (1).

(x) Hatten v. Russell, 38 Ch. D. 334, 345; Re Fisher and Graze-brook's Contract, 1898, 2 Ch. 660.

(y) Re Fisher and Grazebrook's Contract, 1898, 2 Ch. 660; and see Hughes v. Fanagan, 30 L. R. Ir. 111.

(z) s. C, 1898, 2 Oh. 662.

(a) Cf. Re Handman and Wilcox's Contract, 1902, 1 Ch. 599.

In ascertaining who are the trustees for the purposes of the Settled Land Acts of any given settlement, it should be borne in mind that such trustees must be either - (1) the persons who are for the time being trustees under the settlement with power of sale of the settled land, or with power of consent to or approval of the exercise of such a power of sale (h); or (2) if there be no such trustees, the persons declared by the settlement to be trustees thereof for the purposes of the Acts (i); or (3) the persons appointed by the Court to be trustees under the settlement for the purposes of the Acts (k); or (4) if there be no trustees for the purposes of the Acts of any of the above-mentioned three classes, then the persons (if any) who are for the time being under the settlement trustees with power of or upon trust for sale of any other land comprised in the settlement and subject to the same limitations as the land to be sold, or with power of consent to or approval of the exercise of such a power of sale (l); or (5) if there be no such persons as are fourthly described, then the persons who are for the time being under the settlement trustees with future power of sale, or under a future trust for sale of the land to be sold, or with power of consent to or approval of the exercise of such a future power of sale, whether the power of trust take effect in all events or not (m). Each of these classes must be taken to include any trustees or trustee duly appointed under an express or statutory power to appoint new trustees as well as the trustees originally appointed. It has been expressly provided that the statutory power of appointing new trustees shall apply to trustees for the purposes of the Settled Land Acts, whether appointed by the Court or by or under the settlement (n).

Who are trustees for the purposes of the Settled Land Acts.

(b) Mogridge v. Clapp, 1892, 3 Ch. 382.

(c) Above, p. 301.

(d) Mogridge v. Clapp, 1892, 3 Ch. 400.'

(e) Stat. 45 & 46 Vict. c. 38, s. 54.

(g) Above, p. 118.

(g) See Mogridge v. Clapp, 1892, 3 Ch. 382.

(h) It is important to observe that trustees of a settlement, who have no such power of sale, consent or approval as above mentioned, are not trustees thereof for the purposes of the Acts unless they come within classes (4) or (5) introduced by the amending Act of' 1890;see Wheelwright v. Walker, 23 Ch D. 752, 761:Re Morgan, 24 Ch. D. 1l4; Re Carne's Settled Estates, 1899, 1 Ch. 324; Re Coull's Settled Estates, 1905, 1 Ch. 712. But trustees with a power of sale exercisable with the consent of the tenant for life are trustees for the purposes of the Acts; Constable v. Constable, 32 Ch. D. 233.