Pennsylvania Act 1874-143 — ENTAILMENTS, RELATING TO

Act text

ENTAILMENTS, RELATING TO
                  Act of May 21, 1874, P.L. 221, No. 143              Cl. 68
                                  AN ACT

     In reference to entailments.

        Section 1.  When implied entailments barred
        In all cases of implied entailments, twenty-one years' actual
     possession of the premises and treatment of the estate as a fee
     simple, by the donee and those claiming through or under him by
     grant in form of conveyance, in fee simple or by judicial sale,
     shall be held a complete bar of such implied or supposed
     entailment: Provided, That such bar shall not operate against
     any inheritance that may have vested in any heir in tail before
     the passage of this act.  (1874, May 21, P.L. 221, sec. 1.)
        Section 2.  How tenants in tail may bar entails
        All persons so holding or having so held under any such
     donee, and the survivor or survivors of any such as so held in
     common, may either before or after alienation by them of the
     whole or any part of the premises so as aforesaid to them
     conveyed, bar such implied or supposed entailment thereof, as
     fully and completely as the donee might have barred the same in
     pursuance of any existing law, in the manner following, viz.:
     They shall execute under the proper hand and seal of each a
     declaration of their purpose to bar any supposed entailment of
     the premises mentioned therein, which declaration shall be duly
     acknowledged by them before some person authorized to take
     acknowledgment of deeds, and thereupon shall be recorded by the
     recorder of deeds of the proper county, and from the filing
     thereof by such recorder such supposed entailment shall be held
     fully and completely barred.  (1874, May 21, P.L. 221, sec. 2.)