Trustee.
person who is entitled to or possessed of any interest in the land, or entitled to a contingent right therein, and is a party to the action or proceeding in which the judgment or order is given or made or is otherwise bound by the judgment or order, shall be deemed to be so entitled or possessed, as the case may be, as a trustee for the purposes of this Ordinance, and the court may, if it thinks expedient, make an order vesting the land or any part thereof for such estate or interest as the court thinks fit in the purchaser or mortgagee or in any other person.
[CAP. 29
mortgage
of land.
Vesting order on judgment
consequential
for specific
49. Where a judgment is given for the specific performance of a contract concerning any interest in land, or for sale or exchange of any interest in land, or generally performance where any judgment is given for the conveyance of any
interest in land either in cases arising out of the doctrine of election or otherwise, the court may declare--
(a) that any of the parties to the action are trustees of any interest in the land or any part thereof within the meaning of this Ordinance; or
(b) that the interests of unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any deceased person who was during his lifetime a party to the contract or transaction concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the meaning of this Ordinance,
and thereupon the court may make a vesting order relating to the rights of those persons, born and unborn, as if they had been trustees.
etc.
vesting
order.
50. A vesting order under any of the foregoing provisions shall in the case of a vesting order consequential on the appointment of a trustee, have the same effect--
(a) as if the persons who before the appointment were the trustees, if any, had duly executed all proper conveyances of the land for such estate or interest as the court directs; or
(b) if there is no such person, or no such person of full capacity, as if such person had existed and been of full capacity and had duly executed all
495
Trustee.
person who is entitled to or possessed of any interest in the land, or entitled to a contingent right therein, and is a party to the action or proceeding in which the judgment or order is given or made or is otherwise bound by the judgment or order, shall be deemed to be so entitled or possessed, as the case may be, as a trustee for the purposes of this Ordinance, and the court may, if it thinks expedient, make an order vesting the land or any part thereof for such estate or interest as the court thinks fit in the pur- chaser or mortgagee or in any other person.
[CAP. 29
mortgage 15 Geo. 5.
of land.
c. 19, s. 47.
Vesting order on judgment
consequential
for specific
49. Where a judgment is given for the specific per- formance of a contract concerning any interest in land, or for sale or exchange of any interest in land, or generally performance where any judgment is given for the conveyance of any 15 Geo. 5. interest in land either in cases arising out of the doctrine of election or otherwise, the court may declare--
(a) that any of the parties to the action are trustees of any interest in the land or any part thereof within the meaning of this Ordinance; or
(b) that the interests of unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any deceased person who was during his lifetime a party to the contract or transaction concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the mean- ing of this Ordinance,
and thereupon the court may make a vesting order relating to the rights of those persons, born and unborn, as if they had been trustees.
etc.
c. 19, s. 48.
vesting
order.
15 Geo. 5, c. 19, s. 49.
50. A vesting order under any of the foregoing pro- Effect of visions shall in the case of a vesting order consequential on the appointment of a trustee, have the same effect--
(a) as if the persons who before the appointment were the trustees, if any, had duly executed all proper conveyances of the land for such estate or interest as the court directs; or
(b) if there is no such person, or no such person of full capacity, as if such person had existed and been of full capacity and had duly executed all
495
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