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Lessees of Lands held under Lease not authorizing the subletting (except Leases for 99 Years, &c.) shall not devise to more than One Person.
Proviso for Descent and Distribution on Intestacy.
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IX. And be it further enacted, That from and after the First Day of June One thousand eight hundred and twenty six, it shall not be lawful to or for any Person or Persons, his or their Heirs, Executors, Administrators or Assigns, who shall hold any Lands or Tenements under any Lease or Agreement made before the said First Day of June One thousand eight hundred and twenty six, containing any Condition or Covenant against subletting or assigning of the same, nor for any Person or Persons, his or their Heirs, Executors, Administrators or Assigns, who shall hold any Lands or Tenements under any Lease or Agreement which shall be made or entered into any Time subsequent to the said First Day of June One thousand eight hundred and twenty six, not containing a Clause expressly authorizing and empowering the Lessee or Tenant to assign or sublet, (other than a Lease for a Term of Ninety nine Years or upwards, or a Lease for Lives or Years with a Covenant for perpetual Renewal, or a Lease held immediately under any Person or Bodies Corporate or Ecclesiastical, or held under any Person or Persons deriving from the immediate Lessee of such Persons or Bodies Corporate or Ecclesiastical, with a toties quoties Covenant for Renewal,) to devise such Lands or Tenements, or any Part thereof, by his or their last Will and Testament, so as to portion or divide such Lands or Tenements to or among several Persons: Provided always, that nothing in this Act contained shall extend or be construed to extend to prevent the Inheritance or Distribution of any Lands or Tenements to or among any Person or Persons who would be entitled thereto according to Law, upon the Decease of any Person or Persons dying intestate.
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