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Vesting orders in relation to
infant's beneficial interest.
1925 c. 19, s. 53.
Orders made upon certain allegations to be conclusive evidence.
1925 c. 19, s. 55.
Power of court to authorize
dealing with trust property. 1925 c. 19, s. 57,
CAP. 29]
Trustee
[1985 Ed.
54. Where an infant is beneficially entitled to any property, the court may, with a view to the application of the capital or income thereof for the maintenance, education or benefit of the infant, make an order-
(a) appointing a person to convey such property; or
(b) in the case of stock, or a thing in action, vesting in any person the right to transfer or call for a transfer of such stock, or to receive the dividends or income thereof, or to sue for and recover such thing in action, upon such terms as the court may think fit.
55. Where a vesting order is made as to any land under this Ordinance founded on an allegation of any of the following matters namely-
(a) the personal incapacity of a trustee or mortgagee; or (b) that a trustee or mortgagee or the personal representative of or other person deriving title under a trustee or mortgagee is out of the jurisdiction of the court or cannot be found, or being a corporation has been dissolved; or
that it is uncertain which of 2 or more trustees, or which of 2 or more persons interested in a mortgage, was the survivor; or
(c)
(d) that it is uncertain whether the last trustee or the personal representative of or other person deriving title under a trustee or mortgagee, or the last surviving person interested in a mortgage is living or dead; or
(e)
that any trustee or mortgagee has died intestate without leaving a person beneficially interested under the intestacy or has died and it is not known who is his personal representative or the person interested.
the fact that the order has been so made shall be conclusive evidence of the matter so alleged in any court upon any question as to the validity of the order; but this section does not prevent the court from directing a reconveyance or surrender or the payment of costs occasioned by any such order if improperly obtained.
Jurisdiction to make other Order
56. (1) Where in the management or administration of any property vested in trustees, any sale, lease, mortgage, surrender, release, or other disposition, or any purchase, investment, acquisition, expenditure, or other transaction, is in the opinion of the court expedient, but the same cannot be effected by reason of the absence of any power for that purpose vested in the trustees by the trust instrument, if any, or by law, the court may by order confer upon the trustees, either generally or in any particular instance, the necessary power for the purpose, on such terms, and subject to such provisions
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