24
(4) For the purposes of such appropriation, the personal representative may ascertain and fix the value of the respective parts of the movable and immovable property and the liabilities of the deceased as he may think fit, and shall for that purpose employ a duly qualified valuer in any case where such employ- ment may be necessary, and may make any transfer or conveyance (including an assent) which may be requisite for giving effect to the appropriation.
(5) An appropriation made pursuant to this section shall bind all persons interested in the property of the deceased whose consent is not hereby made requisite.
(6) The personal representative shall, in making the appro- priation, have regard to the rights of any person who may there. after come into existence, or who cannot be found or ascertained at the time of appropriation, and of any other person whose con- sent is not required by this section.
(7) This section does not prejudice any other power of appro- priation conferred by law or by the will (if any) of the deceased, and takes effect with any extended powers conferred by the will (if any) of the deceased, and where an appropriation is made under this section in respect of a settled legacy, share or interest, the property appropriated shall remain subject to all trusts for sale and powers of leasing, disposition and management, or varying investments, which would have been applicable thereto or to the legacy, share or interest in respect of which the appropriation is made, if no such appropriation bad been made.
(8) If after any immovable property has been appropriated in purported exercise of the powers conferred by this section, the person to whom it was transferred or conveyed disposes of it or any interest therein, then, in favour of a purchaser, the appropria- tion shall be deemed to have been made in accordance with the requirements of this section and after all requisite consents, if any, had been given.
(9) In this section, a settled legacy, share or interest includes any legacy, share or interest to which a person is not absolutely entitled in possession at the date of the appropriation, also an annuity, and "purchaser” means a purchaser for money or money's worth.
(10) This section applies whether the deceased died intestate or not, and whether before or after the commencement of this Ordinance, and extends to property over which a testator exercises a general power of appointment, and authorizes the setting apari of a fund to answer an annuity by means of the income of that fund or otherwise, but is subject to the provisions of section 54.
25
69. (1) Where an infant is absolutely entitled under the will or on the intestacy of a person dying before or after the commencement of this Ordinance (in this subsection called "the deceased") to a devise or legacy, or to the residue of the estate of the deceased, or any share therein, and such devise, legacy, residue or share is not under the will, if any, of the deceased, devised or bequeathed to trustees for the infant, the personal representatives of the deceased may appoint a trust corporation or two or more individuals not exceeding four (whether or not including the personal representatives or one or more of the per- sonal representatives), to be the trustees of such devise, legacy, residue or share for the infant, and may, subject to the provisions of section 54, execute or do any assurance or thing requisite for vesting such devise, legacy, residue or share in the trustee or trustees so appointed; and on such appointment the personal rep- resentatives, as such, shall be discharged from all further liability in respect of such devise, legacy, residue or share, and the same may be retained in its existing condition or state of investment, or may be converted into money, and such money may be invested in any authorized investment.
(2) Where a personal representative bas before the com- mencement of this Ordinance retained or sold any such devise, legacy, residue or share, and invested the same or the proceeds thereof in any investments in which he was authorized to invest money subject to the trust, then, subject to any order of the court made before such commencement, he shall not be deemed to have incurred any liability on that account, or by reason of not having paid or transferred the money or property into court.
70. (1) A personal representative, before giving an assent or making a conveyance in favour of any person entitled, may permit that person to take possession of the land, and such possession shall not prejudicially affect the right of the personal representa- tive to take or resume possession, nor his power to convey the land as if he were in possession thereof, but subject to the interest of any lessee, tenant or occupier in possession or in actual occupa- tion of the land.
(2) Any person who, as against the personal representative, claims possession of immovable property, or the appointment of a receiver thereof, or a transfer or conveyance thereof, or an assent to the vesting thereof, or to be registered as proprietor thereof, may apply to the court for directions with reference thereto, and the court may make such vesting or other order as may be deemed proper, and the provisions of the Trustee Ordinance, relating to vesting orders and to the appointment of a person to transfer or convey, shall apply.
Power to
appoint trustees of infant's property.
[ 1921, «. 21. 3. 42.1
Powers of personal representative as to giving possession
of land and powers of the court,
[F. 1924, 0. 28, * [3]
(Cap. 35.)