Trustee.
[CAP. 29
new trustee
by court.
15 Geo. 5,
44. Every trustee appointed by a court of competent jurisdiction shall, as well before as after the trust property appointed becomes by law, or by assurance, or otherwise, vested in him, have the same powers, authorities, and discretions, and may in all respects act as if he had been originally appointed a trustee by the instrument, if any, creating the trust.
Vesting Orders.
45. In any of the following cases, namely—
(a) where the court appoints or has appointed a trustee, or where a trustee has been appointed out of court under any statutory or express power;
(b) where a trustee entitled to or possessed of any land or interest therein, whether by way of mortgage or otherwise, or entitled to a contingent right therein, either solely or jointly with any other person—
(i) is under disability; or
(ii) is out of the jurisdiction of the court; or
(iii) cannot be found, or, being a corporation, has been dissolved;
(c) where it is uncertain who was the survivor of two or more trustees jointly entitled to or possessed of any interest in land;
(d) where it is uncertain whether the last trustee known to have been entitled to or possessed of any interest in land is living or dead;
(e) where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of a deceased trustee who was entitled to or possessed of any interest in land;
(f) where a trustee jointly or solely entitled to or possessed of any interest in land, or entitled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the land or interest or a release of the right, to convey the land or interest or to release the right, and has wilfully refused or neglected to convey the land or interest or release the right for twenty-eight days after the date of the requirement;
493
c. 19, s. 43.
Vesting orders of land.
15 Geo. 5.
c. 19, s. 44.