24
CAP. 10]
Probate and Administration.
Right to follow property and powers of the court in relation thereto.
1925 c. 23, s. 38.
(Cap. 29.)
[1971 Ed.
(4) A conveyance of a legal estate by a personal representative to a purchaser shall not be invalidated by reason only that the purchaser may have notice that all debts, liabilities, funeral and testamentary or administration expenses, duties, and legacies of the deceased have been discharged or provided for.
(5) An assent or conveyance given or made by a personal representative shall not, except in favour of a purchaser of a legal estate, prejudice the right of a personal representative or any other person to recover the estate to which the assent or conveyance relates, or to be indemnified out of such estate against any duties, debts or liability to which such estate would have been subject if there had not been any assent or conveyance.
(6) A personal representative may, as a condition of giving an assent or making a conveyance, require security for the discharge of any such duties, debt or liability, but shall not be entitled to postpone the giving of an assent merely by reason of the subsistence of any such duties, debt or liability, if reasonable arrangements have been made for the discharging of the same, and an assent may be given subject to any legal estate or charge by way of legal mortgage.
(7) This section applies to assents and conveyances made after the commencement of this Ordinance, whether the testator or intestate died before or after such commencement.
67. (1) An assent, transfer or conveyance by a personal representative to a person other than a purchaser does not prejudice the rights of any person to follow the property to which the assent, transfer or conveyance relates, or any property representing the same, into the hands of the person in whom it is vested by the assent, transfer or conveyance, nor of any other person (not being a purchaser) who may have received the same or in whom it may be vested.
(2) Notwithstanding any such assent, transfer or conveyance the court may, on the application of any creditor or other person interested-
(a) order a sale, exchange, mortgage, charge, lease, payment, transfer or other transaction to be carried out which the court considers requisite for the purpose of giving effect to the rights of the persons interested;
(b) declare that the person, not being a purchaser, in whom the property is vested is a trustee for those purposes;
(c) give directions respecting the preparation and execution of any conveyance or other instrument, or as to any other matter required for giving effect to the order;
(d) make any vesting order or appoint a person to convey in accordance with provisions of the Trustee Ordinance.
Page 25
Page 26
24
CAP. 10]
Probate and Administration.
Right to follow property and powers of the court in rela- tion thereto.
1925 c. 23, s. 38.
(Cap. 29.)
氨
[1971 Ed.
(4) A conveyance of a legal estate by a personal representative to a purchaser shall not be invalidated by reason only that the purchaser may have notice that all debts, liabilities, funeral and testamentary or administration expenses, duties, and legacies of the deceased have been discharged or provided for.
(5) An assent or conveyance given or made by a personal representative shall not, except in favour of a purchaser of a legal estate, prejudice the right of a personal representative or any other person to recover the estate to which the assent or conveyance relates, or to be indemnified out of such estate against any duties, debts or liability to which such estate would have been subject if there had not been any assent or conveyance.
(6) A personal representative may, as a condition of giving an assent or making a conveyance, require security for the discharge of any such duties, debt or liability, but shall not be entitled to postpone the giving of an assent merely by reason of the subsistence of any such duties, debt or liability, if reasonable arrangements have been made for the discharging of the same, and an assent may be given subject to any legal estate or charge by way of legal mortgage.
(7) This section applies to assents and conveyances made after the commencement of this Ordinance, whether the testator or întestate died before or after such commencement.
67. (1) An assent, transfer or conveyance by a personal representative to a person other than a purchaser does not prejudice the rights of any person to follow the property to which the assent, transfer or conveyance relates, or any property representing the same, into the hands of the person in whom it is vested by the assent, transfer or conveyance, nor of any other person (not being a purchaser) who may have received the same or in whom it may be vested.
(2) Notwithstanding any such assent, transfer or conveyance the court may, on the application of any creditor or other person interested-
(a) order a sale, exchange, mortgage, charge, lease, payment, transfer or other transaction to be carried out which the court considers requisite for the purpose of giving effect to the rights of the persons interested;
(b) declare that the person, not being a purchaser, in whom the property is vested is a trustee for those purposes;
(c) give directions respecting the preparation and execution of any conveyance or other instrument, or as to any other matter required for giving effect to the order;
(d) make any vesting order or appoint a person to convey in accordance with provisions of the Trustee Ordinance.
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