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TRUSTEE ACT 1850 - SECT 30

Court to declare what parties are trustees of lands comprised in any suit, and as to the interests of persons unborn.

30. Where any decree shall be made by any court of equity for the specific
performance of a contract concerning any lands, or for the partition or
exchange of any lands, or generally when any decree shall be made for the
conveyance or assignment of any lands, either in cases arising out of the
doctrine of election or otherwise, it shall be lawful for the said court to
declare that any of the parties to the said suit wherein such decree is made
are trustees of such lands or any part thereof within the meaning of this Act,
or to declare concerning the interests of unborn persons who might claim under
any party to the said suit, or under the will or voluntary settlement of any
person deceased who was during his lifetime a party to the contract or
transactions 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 this Act, and thereupon it shall be
lawful for the [High Court] ... to make such order or orders as to the
estates, rights, and interests of such persons, ... as ... the [High Court]
might under the provisions of this Act make concerning the estates, rights,
and interests of trustees, ....


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© 1850 Crown Copyright

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