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CAP. 73]
Intestates' Estates
[1986 Ed.
which their parent would have taken if living at the death of the intestate, but no issue shall take whose parent is living at the death of the intestate and is so capable of taking;
(b) the statutory power of advancement, and the statutory provisions which relate to maintenance and accumulation of surplus income, shall apply, but when an infant marries such infant shall be entitled to give valid receipts for the income of the infant's share or interest;
(c)
where the property held on the statutory trusts for the issue is divisible into shares, then any money or property which, by way of advancement or on the marriage of a child of the intestate, has been paid to such child by the intestate or settled by the intestate for the benefit of such child (including any life or lesser interest and including property covenanted to be paid or settled) shall, subject to any contrary intention expressed or appearing from the circumstances of the case, be taken as being so paid or settled in or towards satisfaction of the share of such child or the share which each child would have taken if living at the death of the intestate, and shall be brought into account, at a valuation (the value to be reckoned as at the death of the intestate), in accordance with the requirements of the personal representatives;
(d) the personal representatives may permit any infant contingently interested to have the use and enjoyment of any personal chattels in such manner and subject to such conditions, if any, as the personal representatives may consider reasonable, and without being liable to account for any consequential loss.
(2) If the trusts in favour of the issue of the intestate fail by reason of no child or other issue attaining an absolutely vested interest
(a) the residuary estate of the intestate and the income thereof and all statutory accumulations, if any, of the income thereof, or so much thereof as may not have been paid or applied under any power affecting the same, shall go, devolve and be held under the provisions of this Ordinance as if the intestate had died without leaving issue living at the death of the intestate;
(b) references in this Ordinance to the intestate "leaving no issue" shall be construed as "leaving no issue who attain an absolutely vested interest";
(c) references in this Ordinance to the intestate "leaving issue" or "leaving a child or other issue" shall be construed as "leaving issue who attain an absolutely vested interest”.
(3) Where under this Ordinance the residuary estate of an intestate or any part thereof is directed to be held on the statutory trusts for the issue of the intestate...
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