TRUSTEES.
Provided that-
No. 5 of 1901.
1343
(a) where the order is consequential on the appointment of a new trustee, the land shall be vested for such estate as the court may direct in the persons who, on the appointment, are the trustees; and
(b) where the order relates to a trustee entitled jointly with another person, and such trustee is out of the jurisdiction of the court or cannot be found, the land or right shall be vested in such other person, either alone or with some other person.
right of
person.
44. When any land is subject to a contingent right in an unborn person or class of unborn persons who, on coming into existence, would, in respect thereof, become entitled to or possessed of the land on any trust, the court may make an order releasing the land from the contingent right, or may make an order vesting in any person the estate to or of which the unborn person or class of unborn persons would, on coming into existence, be entitled or possessed in the land.
57 Vict. c. 53, s. 27.
conveyance
45. Where any person entitled to or possessed of land, or entitled to a contingent right in land by way of security for money, is an infant, the court may make an order vesting or releasing or disposing of the land or right in like manner as in the case of an infant trustee.
56 & 57 Vict. c. 53, s. 28.
conveyance
heir, etc., or
46. Where a mortgagee of land has died without having entered into the possession or into the receipt of the rents and profits thereof, and the money due in respect of the mortgage has been paid to a person entitled to receive the same, or that last-mentioned person consents to any order for the re-conveyance of the land, then the court may make an order vesting the land in such person or persons, in such manner, and for such estate as the court may direct in any of the following cases, namely,-
(1) where an heir or personal representative or devisee of the mortgagee is out of the jurisdiction of the court or cannot be found;
(2) where an heir or personal representative or devisee of the mortgagee, on demand made by or on behalf of a person entitled to require a conveyance of the land, has stated in writing that he will not convey the same or does not convey
tive of mortgagee.
c. 53, s. 29.
TRUSTEES.
Provided that-
No. 5 of 1901.
1343
(a) where the order is consequential on the appointment of a new trustee, the land shall be vested for such estate as the court may direct in the persons who, on the appointment, are the trustees; and
(b) where the order relates to a trustee entitled jointly with another person, and such trustee is out of the jurisdiction of the court or cannot be found, the land or right shall be vested in such other person, either alone or with some other person.
right of
person.
44. When any land is subject to a contingent right in an Order as to unborn person or class of unborn person who, on coming into contingent existence, would, in respect thereof, become entitled to or unborn possessed of the land on any trust, the court may make an 557 Vict. order releasing the land from the contingent right, or may c. 53, s. 27. make an order vesting in any person the estate to or of which the unborn person or class of unborn persons would, on coming into existence, be entitled or possessed in the land.
conveyance
45. Where any person entitled to opossessed of land, or Vesting order entitled to a contingent right in land by way of security for in place of money, is an infant, the court may make an order vesting or by infant releasing or disposing of the land or right in like manner mortgagee. as in the case of an infant trustee.
56 & 57 Vict. c.. 53, s. 28.
conveyance
heir, etc., or
46. Where a mortgagee of land has died without having Vesting order entered into the possession or into the receipt of the rents in place of and profits thereof, and the money due in respect of the by heir, or mortgage has been paid to a person entitled to receive the devisee of same, or that last-mentioned person consents to any order for personal the re-conveyance of the land, then the court may make representa- an order vesting the fand in such person or persons, in such manner, and for such estate as the court may direct in any of 56 & 57 Vict. the following cases, namely,-
(1) where an heir or personal representative or devisee of the mortgagee is out of the jurisdiction of the court or cannot be found;
(2) where an heir or personal representative or devisee of the mortgagee, on demand made by or on behalf of a person entitled to require a conveyance of the land, has stated in writing that he will not convey the same or does not convey
tive of mort- gagee.
c. 53, s. 29.
No comments yet.
Private notes are available after approval.