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LAW OF PROPERTY AMENDMENT ACT 1859 - SECT 16

Executors to have power of raising money charged on land, where there is no sufficient devise.

16. If any testator who shall have created such a charge as is described in
the fourteenth section shall not have devised the hereditaments charged as
aforesaid in such terms as that his whole estate and interest therein shall
become vested in any trustee or trustees, the executor or executors for the
time being named in such will (if any) shall have the same or the like power
of raising the said moneys as is herein-before vested in the devisee or
devisees in trust of the said hereditaments; and such power shall from time to
time devolve to and become vested in the person or persons (if any) in whom
the executorship shall for the time being be vested; but any sale or mortgage
under this Act shall operate only on the estate and interest, whether legal or
equitable, of the testator, and shall not render it unnecessary to get in any
outstanding subsisting legal estate.

© 1859 Crown Copyright

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