1971 Ed.]
Probate and Administration.
[CAP. 10
25
(3) This section does not prejudice the rights of a purchaser or a person deriving title under him, but applies whether the testator or intestate died before or after the commencement of this Ordinance.
68. (1) The personal representative may appropriate any part of the movable or immovable property, including things in action, of the deceased in the actual condition or state of investment thereof at the time of appropriation in or towards satisfaction of any legacy bequeathed by the deceased, or of any other interest or share in his property, whether settled or not, as to the personal representative may seem just and reasonable, according to the respective rights of the persons interested in the property of the deceased.
(2) Notwithstanding the provisions of subsection (1)—
(a) an appropriation shall not be made under this section so as to affect prejudicially any specific devise or bequest;
(b) an appropriation of property, whether or not being an investment authorized by law or by the will, if any, of the deceased for the investment of money subject to the trust, shall not (save as hereinafter mentioned) be made under this section except with the following consents-
(i) when made for the benefit of a person absolutely and beneficially entitled to possession, the consent of that person;
(ii) when made in respect of any settled legacy, share or interest, the consent of either the trustee thereof, if any (not being also the personal representative) or the person who may for the time being be entitled to the income,
and if the person whose consent is so required as aforesaid is a minor or a mentally disordered person, the consent shall be given on his behalf by his parents or parent, testamentary or other guardian, committee or receiver, or if, in the case of a minor, there is no such parent or guardian, by the court on the application of his next friend;
(c) no consent (save of such trustee as aforesaid) shall be required on behalf of a person who may come into existence after the time of appropriation, or who cannot be found or ascertained at that time;
(d) if no committee or receiver of a mentally disordered person has been appointed, then, if the appropriation is of an investment authorized by law or by the will, if any, of the deceased for the investment of money subject to the trust, no consent shall be required on behalf of the mentally disordered person;
Powers of personal representative as to appropriation.
[cf. 1925 c. 23, s. 41.]