« 前へ次へ »
vesting and releasing lands held upon trust, or by way of mortgage, in the following cases.
A lunatic or person of unsound mind, or infant, being seised or possessed of lands upon any trust or by way of mortgage (t), or entitled to any contingent right in such lands (u).
Of a person solely or jointly with any other person or persons seised or possessed of any lands* upon trust, or entitled, to a contingent right in any lands, being out of the jurisdiction or not to be found (x).
Where two or more persons may have been jointly seised or possessed of lands upon any trust, and it shall be uncertain which of them was the survivor (y).
"Where any one or more person or persons shall have been seised or possessed of lands upon any trust, and it shall not be known whether the trustee last known to have been seised or possessed be living or dead (s).
Where a person seised of lands upon any trust shall have died intestate as to such lands without an heir, or shall have died and it shall not be known who is his heir or devisee (a).
Where lands are subject to a contingent right in an unborn person, or class of persons, who upon coming
(<) 13 & 14 Vict. c. 60, ss. 3, 7. bare trustee within the meaning
(w) lb. ss. 4, 8. of the Vendor and Purchaser
(x) lb. ss. 9, 10, 11, 12. Act, 1874, s. 5, such lands will
(y) lb. s. 13. vest like a chattel real in the
(z) lb. s. 14. legal personal representative from
(a) lb. s. 15. If such a person time to time of such trustee.
come within the definition of a . . i into existence would in respect thereof have become seised or possessed of such lands upon any trust (b).
Where a person jointly or solely seised or possessed of lands or a contingent right in lands upon any trust shall, after a demand by a person entitled to require a conveyance or assignment of such lands or a duly authorized agent, have stated in writing that he will not convey or assign the same, or shall neglect or refuse to convey or assign such lands for twenty-eight days next after a proper deed for conveying the same shall have been tendered to him by any person entitled to require the same or by such agent (c).
And where a mortgagee shall have died without having entered into possession or receipt of the rents and profits of mortgaged lands, and the mortgage money shall have been paid to a person entitled to receive the same, or such person shall consent to an order for the reconveyance of such lands, the court may make an order vesting the lands in such manner and for such estate as the court may direct in the following cases:
Where the heir or devisee of the mortgagee shall be out of the jurisdiction or cannot be found.
Where the heir or devisee of the mortgagee, upon demand by a person entitled to require a conveyance of such lands or his agent, shall have stated in writing that
(i) 13 & 14 Vict. c. 60, s. 16. (c) lb. as. 17, 18. These sections have been repealed by sect.
2 of the Trustee Extension Act, 15 & 16 Vict. o. 55.
he will not convey the same or shall not convey the same for the space of twenty-eight days next after a proper deed for conveying the same shall have been tendered to him by a person entitled as aforesaid or his agent.
Where it shall be uncertain which of several devisees of such mortgagee was the survivor.
Where it shall be uncertain as to the survivor of several devisees of such mortgagee, or as to the heir of such mortgagee whether he be living or dead.
Where such mortgagee shall have died intestate as to such lands and without an heir, or shall have died without its being known who is his heir or devisee.
Which order so to be made by the court is to have the effect of an assurance (d).
The court may in every case, instead of making a vesting or releasing order, appoint a person to make a conveyance, assignment, release, or disposition of the lands or contingent interest, which, when duly made, is to have the effect of a vesting or releasing order (e).
As respects copyhold or customary lands a vesting order, if made with the consent of the lord of the manor, will pass the lands without surrender or admittance; and where a person is appointed by the court to convey the lands, such person may do all acts and execute all instruments for the purpose of completing the assurance (/).
(d) 13 & 14 Viot. c. 60, s. 19. (/) lb. s. 28.
(e) lb. s. 20.
Where a decree shall be made for the specific performance of a contract relating to land, or for the partition or exchange of any lands, the court may declare that any of the parties to the suit are trustees of the lands within the meaning of the act, and may declare concerning the interests of unborn persons who may claim under any party to such suit, or under the will or voluntary settlement of a person deceased, who was during his lifetime a party to the contract or transaction concerning which such decree is made, that such interests of unborn persons are the interests of persons who upon coming into existence would be trustees within the meaning of the act; and thereupon the estates, rights and interests of such persons born or unborn may be dealt with by order under the act (g).
Trustee Extension Act.
By the Trustee Extension Act (h) the lord chancellor is empowered to make such an order when any person shall be jointly or solely seised or possessed of any lands, or entitled to any contingent right or interest therein upon any trust, and a demand shall have been made upon such trustee by a person entitled to require a conveyance or assignment of such lands, or a duly autho
rized agent of such last-mentioned person, requiring such trustee to convey or assign the same or to release such contingent right («).
Powers conferred ly Settled Estates Act, 1877.
During the present reign several acts (k) were passed with a view to facilitating the granting of leases and effecting sales of settled estates which have recently been consolidated and amended by the Settled Estates Act, 1877 (I), which repeals all former acts upon the subject so far as such repeal does not affect anything done or any proceeding taken under any enactment repealed (m), and which last-mentioned act came into operation on the 1st November, 1877, after providing that the word " settlement" as used in the act shall signify any act of parliament, deed, agreement, copy of court roll, will, or other instrument, or any number of such instruments, under or by virtue of which any hereditaments of any tenure or any estates or interests in any such hereditaments stand limited to or in trust for any persons by way of succession, including any such
(») 15 & 16 Vict. o. 55, s. 2. Vict. c. 30.
(*) 19 & 20 Vict. c. 120; 21 & (I) 40 & 41 Viot. c. 18. 22 Vict. c. 77; 27 & 28 Vict. c. 45; (m) lb. s. 58. 37 & 38 Vict. o. 33; 39 & 40