TRUSTEES.
No. 5 of 1901.
1347
(2) An order under this Ordinance concerning any land, stock, or chose in action subject to a mortgage may be made on the application of any person beneficially interested in the equity of redemption, whether under disability or not, or of any person interested in the money secured by the mortgage.
new trustee
53. Every trustee appointed by court of competent jurisdiction shall, as well before as after the trust property becomes by law or by assurance or otherwise vested in him, have the same powers, authorities, and discretions, and may in all respects act, as if he had been originally appointed a trustee by the instrument, if any, creating the trust.
56 & 57 Vict. c. 53, s. 37.
of order, etc.
54. The court may order the costs and expenses of and incident to any application for an order appointing a new trustee or for a vesting order, or of and incident to any such order or any conveyance or transfer in pursuance thereof, to be paid or raised out of the land or personal estate in respect whereof the same is made or out of the income thereof, or to be borne and paid in such manner and by such persons as to the court may seem just.
56 & 57 Vict. c. 53, s. 38.
55. The powers conferred by this Ordinance as to vesting orders may be exercised for vesting any land, stock, or chose in action in any trustee of a charity or society over which the court would have jurisdiction upon action duly instituted, whether the appointment of the trustee was made by instrument under a power or by the court under its general or statutory jurisdiction.
56 & 57 Vict. c. 53, s. 39.
[
allegations to
56 & 57 Vict.
56. Where a vesting order is made as to any land under this Ordinance, or under any Ordinance relating to lunacy, upon certain allegations founded on an allegation of the personal incapacity of a trustee or mortgagee, or on an allegation that a trustee or the heir or personal representative devisee of a mortgagee is out of the jurisdiction of the court or cannot be found, or that it is uncertain which of several trustees or which of several devisees of a mortgagee was the survivor, or whether the last trustee or the heir or personal representative or last surviving devisee of a mortgagee is living or dead, or on an allegation that any trustee mortgagee has died intestate without an heir or has died and it is not known who is his heir or personal representative or devisee, the
REFERS NARAS
TRUSTEES.
No. 5 of 1901.
1347
(2) An order under this Ordinance concerning any land, stock, or chose in action subject to a mortgage may be made on the application of any person beneficially interested in the equity of redemption, whether under disability or not, or of any person interested in the money secured by the mortgage.
new trustee
53. Every trustee appointed by court of competent Powers of jurisdiction shall, as well before as After the trust property appointed by becomes by law or by assurance or otherwise vested in him, the court. have the same powers, authorities, and discretions, and 56 & 57 Vict. may in all respects act, as if he had been originally appointed a trustee by the instrument, if any, creating the trust.
c. 53, s. 37.
of order, etc.
54. The court may order the costs and expenses of and Power to incident to any application for an order appointing a new charge costs trustee or for a vesting order, or of and incident to any such on trust' order or any conveyance or transfer in pursuance thereof, to estate. be paid or raised out of the land or personal estate in respect c. 53, s. 38. whereof the same is made or out of the income thereof, or to be borne and paid in such manner and by such persons as to the court may seem just
56 & 57 Vict.
55. The powers conferred by this Ordinance as to vesting Trustees of orders may be exercised for vesting any land, stock, or chose charities. in action in any trustee of a charity or society over which the c. 53, s. 39. court would have jurisdiction upon action duly instituted, whether the appointment of the trustee Avas made by instru- ment under a power or by the court under its general or statutory jurisdiction.
[
allegations to
56 & 57 Vict.
56. Where a vesting order is made as to any land under Order made this Ordinance, or under any Ordinance relating to lunacy, upon certain founded on an allegation of the personal incapacity of a be conclusive trustee or mortgagee, or on an allegation that a trustee or evidence. the heir or personal representative devisee of a mortgagee c. 53, s. 40. is out of the jurisdiction of the court or cannot be found, or that it is uncertain which of several trustees o which of several devisees of a mortgagee was the survivor, or whether the last trustee or the heir or personal representative or last surviving devisee of a mortgagee is living or dead, or on an allegation that any trustee mortgagee has died intestate without an heir or has died and it is not known who is his heir or personal representative or devisee, the
REFERS NARAS
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