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at the death of the intestate), in accordance with the re- quirements of the personal representatives:
(d) the personal representatives may permit any infant con- tingently 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 there- of 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 Ordin- ance 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 con- strued 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 any class of relatives of the intestate, other than issue of the intestate, the same shall be held on trusts corresponding to the statutory trusts for the issue of the intestate (other than the provision for bringing any money or property into account) as if such trusts (other than as aforesaid) were repealed with the sub- stitution of references to the members or member of that class for references to the children or child of the intestate.
(4) References in subsection (2), (3) or (4) of section 4 to the intestate leaving, or not leaving, a member of the class consisting of brothers or sisters of the intestate and issue of brothers or sisters of the intestate shall be construed as references to the intestate leaving, or not leaving, a member of that class who attains an absolutely vested interest.
(5) Where the trusts in favour of any class of relatives of the intestate, other than issue of the intestate, fail by reason of no member of that class attaining an absolutely vested interest, the
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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, by virtue of subsections (2) and (3) of this section, go, devolve and be held under the provisions of this Ordinance as if the intestate had died without leaving any member of that class, or issue of any member of that class, living at the death of the intestate.
6. The personal representatives may raise the net sum of twenty-five thousand dollars or one hundred thousand dollars, as the case may be, or any part thereof and the interest thereon payable to the surviving husband or wife of the intestate on the security of the whole or any part of the residuary estate of the intestate, so far as that estate may be sufficient for the purpose or the said sum and interest thereon may not have been satisfied by an appropriation under the statutory power available in that behalf under section 7.
7. (1) Where the residuary estate of an intestate stands charged with the payment of the net sum of twenty-five thousand dollars or one hundred thousand dollars, as the case may be, or the said sum as diminished in accordance with section 8, to the surviving husband or wife, the surviving husband or wife may in writing require the personal representatives to appropriate any personal chattel in or towards the satisfaction of all or part of the said met sum of twenty-five thousand dollars or one hundred thousand dollars, as the case may be, or the said sum so diminished, and the interest thereon.
(2) A right conferred by this section shall not be exercisable after the expiration of six months from the first grant of administ- ration to the estate of the intestate.
(3) For the purposes of such appropriation, the personal representatives may ascertain and fix the values of the respective personal chattels to be appropriated and may for that purpose employ a duly qualified valuer in any case where such employment may be necessary and may make any transfer of the personal chattels appropriated which may be requisite for giving effect to the appropriation.
(4) An appropriation shall not be made under this section unless notice of the intended appropriation has been served on all parties entitled to a share in the residuary estate (other than persons who may come into existence after the time of the appro- priation or who cannot after reasonable inquiry be found or ascer- tained at that time) anyone of which parties may within six weeks
Powers of personal representatives in respect of sting payable to surviving husband or wife.
1925. c. 23, d. 1802).
Right of surviving spouse to require chattels to be appropriated.