J
481
(b) where the order relates to a trustee entitled or formerly entitled jointly with another per- son, and such trustee is under disability or out of the jurisdiction of the court or cannot be found, or being a corporation has been dissolved, the land, interest or right shall be vested in such other person who remains en- titled, either alone or with any other person the court may appoint.
unborn
46. Where any interest in land is subject to a con- Orders as tingent right in an unborn person or class of unborn to contingent persons who, on coming into existence would, in rights of respect thereof, become entitled to or possessed of persons, that interest on any trust, the court may make an 15 Geo. 5, order releasing the land or interest therein from the c. 19, s. 45. contingent right, or may make an order vesting in any person the estate or interest to or of which the unborn person or class of unborn persons would, on coming into existence, be entitled or possessed in the land,
conveyance
47. Where any person entitled to or possessed of Vesting any interest in land, or entitled to a contingent right order in in land, by way of security for money, is an infant, place of the court may make an order vesting or releasing or by infant disposing of the interest in the land or the right in mortgagee. like manner as in the case of a trustee under dis- 15 Geo. 5, ability.
c. 19, s. 46.
consequen-
48. Where any court gives a judgment or makes Vesting an order directing the sale or mortgage of any land, order every person who is entitled to or possessed of any an interest in the land, or entitled to a contingent right order for therein, and is a party to the action or proceeding in sale or which the judgment or order is given or made or is mortgage otherwise bound by the judgment or order, shall be of land. deemed to be so entitled or possessed, as the case c. 19, s. 47.
15 Geo. 5, may be, as a trustee for the purposes of this Ordin- ance, and the court may, if it thinks expedient, make an order vesting the land or any part thereof for such estate or interest as the court thinks fit in the pur- chaser or mortgagee or in any other person.
49. Where a judgment is given for the specific per- Vesting formance of a contract concerning any interest in land,
order conse- or for sale or exchange of any interest in land, or
quential on generally where any judgment is given for the con- for specific
judgment veyance of any interest in land either in cases arising performance out of the doctrine of election or otherwise, the court &c. may declare—
(a) that any of the parties to the action are trus- tees of any interest in the land or any part thereof within the meaning of this Ordinance;
or
(b) that the interests of unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any deceased person who was during his life- time a party to the contract or transaction concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the mean- ing of this Ordinance;
and thereupon the court may make a vesting order relating to the rights of those persons, born and un- born, as if they had been trustees.
15 Geo. 5, c. 19, s. 48.
50. A vesting order under any of the foregoing Effect of provisions shall in the case of a vesting order vesting consequential on the appointment of a trustee, have order. the same effect-
(a) as if the persons who before the appointment were the trustees, if any, had duly executed all proper conveyances of the land for such estate or interest as the court directs; or
15 Geo. 5, c. 19, s. 49.