56. Limitations on determination of estate tail which are not too remote.

Limitations taking effect on the determination or in defeasance of an estate tail, itself validly created, are not considered too remote, because of the right of the tenant in tail at common law, and subsequently by statute1, to destroy those limitations by barring the entail2.

Accordingly, a charge of a specific sum3, a power of appointment4 and a term of years to secure contingent legacies5, to arise, upon the contingency of failure of issue in tail, in favour of persons ascertainable on or before such failure of issue, are valid. Similarly, a gift may be made to a class of