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PROBATE DUTY (IRELAND) ACT 1816 - SECT 130

Executors, &c. may transfer, &c., stocks or funds held by the deceased as trustee, on making an affidavit of the fact;

130.Where the executors or administrators of any person deceased shall be
desirous of transferring or of receiving the dividends of any share standing
in the name of the deceased of and in any of the government or parliamentary
stocks or funds transferable at the Bank of Ireland, or of and in the stock
and funds of the Bank of Ireland, or of and in the stock or funds of any other
company, corporation, or society whatsoever, passing by transfer in the books
of such company, corporation, or society, under and by virtue of any such
probate or letters of administration as aforesaid, and shall allege that the
deceased was possessed thereof or entitled thereto either wholly or partially
as a trustee, it shall be lawful for the Bank of Ireland, and for any such
other company, corporation, or society as aforesaid, or their respective
officers, for their indemnity and protection, to require such affidavit or
affirmation of the fact as herein-after is mentioned, if the fact shall not
otherwise satisfactorily appear, and thereupon to permit such executors or
administrators to transfer the stock or fund in question, or receive the
dividends thereof, without regard to the amount of the stamp duty on the
probate of the will of the deceased or letters of administration of his or her
effects; and where the executors or administrators of any person deceased
shall have occasion to recover any debt or debts, or any other personal
effects, due or apparently belonging to the deceased, and shall allege that
the deceased was possessed thereof or entitled thereto either wholly or
partially as a trustee, it shall be lawful for the person or persons liable to
pay or deliver such debt or debts or other effects to require such affidavit
or affirmation of the fact as herein-after is mentioned, if the fact shall not
otherwise satisfactorily appear, and thereupon to pay, deliver, or make over
the debt or debts or other effects in question to such executors or
administrators, or as they shall direct, without regard to the amount of the
stamp duty on the probate of the will of the deceased or the letters of
administration of his or her effects; and where the executors or
administrators of any person deceased shall have occasion to assign or
transfer any debt or debts due to the deceased, or any chattels real or other
personal effects whereof or whereto the deceased was possessed or entitled,
and shall allege that the same respectively was or were due to or vested in
the deceased either wholly or partially as a trustee, it shall be lawful for
the person or persons, to whom or for whose use such debt or debts, chattels
real or other personal effects shall be proposed to be assigned or
transferred, to require such affidavit or affirmation of the fact as
herein-after is mentioned, if the fact shall not otherwise satisfactorily
appear, and thereupon to accept the proposed assignment or transfer, without
regard to the amount of the stamp duty on the probate of the will of the
deceased or the letters of administration of his or her effects in Ireland.

© 1816 Crown Copyright

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