1344
Liability of executor in respect of rents, etc., in lease.
[22 & 23 Vict. c. 35 s. 27.]
Application by trustees of income of property of infant for maintenance, etc.
[44 & 45 Vict. c. 41 s. 48.]
No. 5 of 1901.
TRUSTEES.
shall have effect subject to the terms of that instrument and to the provisions therein contained.
(4) This section applies to executorships, administratorships, and trusts constituted or created either before or after the commencement of this Ordinance.
37.-(1) Where an executor or administrator, liable as such to the rents, covenants or agreements contained in any lease or agreement for a lease granted, or assigned to the testator or intestate whose estate is being administered, has satisfied all such liabilities under the lease or agreement for a lease as may have accrued due and been claimed up to the time of the assignment hereinafter mentioned, and has set apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum covenanted or agreed by the lessee to be laid out on the property demised or agreed to be demised, although the period for laying out the same may not have arrived, and has assigned the lease or agreement for a lease to a purchaser thereof, he shall be at liberty to distribute the residuary personal estate of the deceased to and amongst the parties entitled thereto respectively, without appropriating any part or any further part, as the case may be, of the personal estate of the deceased to meet any future liability under the lease or agreement for a lease; and the executor or administrator so distributing the residuary estate shall not, after having assigned the lease or agreement for a lease and having, where necessary, set apart such sufficient fund as aforesaid, be personally liable in respect of any subsequent claim under the lease or agreement for a lease.
(2) Nothing in this section shall prejudice the right of the lessor or those claiming under him to follow the assets of the deceased into the hands of the person or persons to or amongst whom the said assets may have been distributed.
38.-(1) Where any property is held by trustees in trust for an infant, either for life or for any greater interest, and whether absolutely or contingently on his attaining the age of 21 years or on the occurrence of any event before his attaining that age, the trustees may, at their sole discretion, pay to the infant's parent or guardian, if any, or otherwise apply for or towards the infant's maintenance, education, or benefit, the income of that property or any part thereof, whether there is any other fund applicable to the
1344
Liability of executor in respect of rents, etc., in lease.
[22 & 23 Vict. č. 35 s. 27.]
Application by trustees
of income of property of infant for
maintenance,
etc.
[44 & 45 Vict. c. 41 s. 48.]
No. 5 of 1901.
TRUSTEES.
shall have effect subject to the terms of that instrument and to the provisions therein contained.
(4) This section applies to executorships, administratorships, and trusts constituted or created either before or after the commence- ment of this Ordinance.
37.-(1) Where an executor or administrator, liable as such to the rents, covenants or agreements contained in any lease or agree- ment for a lease granted, or assigned to the testator or intestate whose estate is being administered, has satisfied all such liabilities under the lease or agreement for a lease as may have accrued due and been claimed up to the time of the assignment hereinafter mentioned, and has set apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum covenanted or agreed by the lessee to be laid out on the property demised or agreed to be demised, although the period for laying out the same may not have arrived, and has assigned the lease or agreement for a lease to a purchaser thereof, he shall be at liberty to distribute the residuary personal estate of the deceased to and amongst the parties entitled thereto respectively, without appro- priating any part or any further part, as the case may be, of the personal estate of the deceased to meet any future liability under the lease or agreement for a lease; and the executor or administrator so distributing the residuary estate shall not, after having assigned the lease or agreement for a lease and having, where necessary, set apart such sufficient fund as aforesaid, be personally liable in respect of any subsequent claim under the lease or agreement for a lease.
(2) Nothing in this section shall prejudice the right of the lessor or those claiming under him to follow the assets of the deceased into the hands of the person or persons to or amongst whom the said assets may have been distributed.
38.-(1) Where any property is held by trustees in trust for an infant, either for life or for any greater interest, and whether absolutely or contingently on his attaining the age of 21 years or on the occurrence of any event before his attaining that age, the trustees may, at their sole discretion, pay to the infant's parent or guardian, if any, or otherwise apply for or towards the infant's maintenance, education, or benefit, the income of that property or any part thereof, whether there is any other fund applicable to the
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