16
App. IIA]
Item 26
Cestui Que Vie Act 1707
THE CESTUI QUE VIE ACT 1707
(6 Anne c. 721)
[1987 Ed.
[Extracted from Halsbury's Statutes of England (2nd edition). Vol. 20, p. 379]
An Act for the more effectual Discovery of the Death of Persons pretended to be alive to the Prejudice of those who claim Estates after their Deaths.
Whereas divers persons as guardians and trustees for infants and husbands in right of their wives and other persons having estates or interests determinable upon a life or lives have continued to receive the rents and profits of such lands after the determination of their said particular estates or interests. And whereas the proof of the death of the persons on whose lives such particular estates or interests depended is very difficult and several persons have been and may be thereby defrauded. For remedy whereof and for preventing such fraudulent practices:
[1.] Reversions, etc., expectant upon determination of life estate, upon affidavit of belief of death of infant or other tenant for life, and that such death is concealed by guardian, etc., may yearly obtain an order in Chancery for the production of such tenant for life.--Any person or persons who hath or shall have any claim or demand in or to any remainder reversion or expectancy in or to any estate after the death of any person within age married woman or any other person whatsoever upon affidavit made in the High Court of Chancery by the persons so claiming such estate of his or her title and that he or she hath cause to believe that such minor married woman or other person is dead and that his or her death is concealed by such guardian trustee husband or any other person shall and may once a year if the person aggrieved shall think fit move the lord chancellor keeper or commissioners for the custody of the great seal of Great Britain for the time being to order [and they are hereby authorized and required to order2] such guardian trustee husband or other person concealing or suspected to conceal such person at such time and place as the said court shall direct on personal or other due service of such order to produce and shew to such person or persons (not exceeding two) as shall in such order be named by the party or parties prosecuting such order such minor married woman or other persons aforesaid. And if such guardian trustee husband or such other person as aforesaid shall refuse or neglect to produce or shew such infant married woman or such other person on whose life any such estate doth depend according to the directions of the said order then the Court of Chancery is hereby authorized and required to order such guardian trustee husband or other person to produce such minor married woman or other person concealed in the said Court of Chancery or otherwise before commissioners to be appointed by the said court at such time and place as the court shall direct two of
1 This is Chapter XVIII, 6 Ann, in the common printed editions.
2 Interlined on the roll.
16
App. IIA]
Item 26
Cestui Que Vie Act 1707
THE CESTUI QUE VIE ACT 1707
(6 Anne c. 721)
[1987 Ed.
[Extracted from Halsbury's Statutes of England (2nd edition). Vol. 20, p. 379]
An Act for the more effectual Discovery of the Death of Persons pretended to be alive to the Prejudice of those who claim Estates after their Deaths.
Whereas divers persons as guardians and trustees for infants and husbands in right of their wives and other persons having estates or interests determinable upon a life or lives have continued to receive the rents and profits of such lands after the determination of their said particular estates or interests. And whereas the proof of the death of the persons on whose lives such particular estates or interests depended is very difficult and several persons have been and may be thereby defrauded. For remedy whereof and for preventing such fraudulent practices:
[1.] Reversions, etc., expectant upon determination of life estate, upon affidavit of belief of death of infant or other tenant for life, and that such death is concealed by guardian, etc., may yearly obtain an order in Chancery for the production of such tenant for life.--Any person or persons who hath or shall have any claim or demand in or to any remainder reversion or expectancy in or to any estate after the death of any person within age married woman or any other person whatsoever upon affidavit made in the High Court of Chancery by the persons so claiming such estate of his or her title and that he or she hath cause to believe that such minor married woman or other person is dead and that his or her death is concealed by such guardian trustee husband or any other person shall and may once a year if the person aggrieved shall think fit move the lord chancellor keeper or commissioners for the custody of the great seal of Great Britain for the time being to order [and they are hereby authorized and required to order2] such guardian trustee husband or other person concealing or suspected to conceal such person at such time and place as the said court shall direct on personal or other due service of such order to produce and shew to such person or persons (not exceeding two) as shall in such order be named by the party or parties prosecuting such order such minor married woman or other persons aforesaid. And if such guardian trustee husband or such other person as aforesaid shall refuse or neglect to produce or shew such infant married woman of such other person on whose life any such estate doth depend according to the directions of the said order then the Court of Chancery is hereby authorized and required to order such guardian trustee husband or other person to produce such minor married woman or other person concealed in the said Court of Chancery or otherwise before commissioners to be appointed by the said court at such time and place as the court shall direct two of
1 This is Chapter XVIII, 6 Ann, in the common printed editions.
2 Interlined on the roll.
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