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TRUSTEE ACT (NORTHERN IRELAND) 1958 - SECT 27

27.(1) Where a personal representative or trustee liable for

(a)any rent, covenant, or agreement reserved by or contained in any lease; or

(b)any rent, covenant or agreement payable under or contained in any grant
made in consideration of a rent charge; or

(c)any indemnity given in respect of any rent, covenant or agreement referred
to in either of the foregoing paragraphs;

(i)he may distribute the residuary real and personal estate of the deceased
testator or intestate, or, as the case may be, the trust estate (other than
the fund, if any, set apart as aforesaid) to or amongst the persons entitled
thereto, without appropriating any part, or any further part, as the case may
be, of the estate of the deceased or of the trust estate to meet any future
liability under the said lease or grant;

(ii)notwithstanding such distribution, he shall not be personally liable in
respect of any subsequent claim under the said lease or grant.

(2) This section operates without prejudice to the right of the lessor or
grantor, or the persons deriving title under the lessor or grantor, to follow
the assets of the deceased or the trust property into the hands of the persons
amongst whom the same may have been respectively distributed, and applies
notwithstanding anything to the contrary in the will or other instrument, if
any, creating the trust.

(3) In this section "lease" includes a fee farm grant and an underlease and an
agreement for a lease or underlease and any instrument giving any such
indemnity as aforesaid or varying the liabilities under the lease; "grant"
applies to a grant whether the rent is created by limitation, grant,
reservation, or otherwise, and includes an agreement for a grant and any
instrument giving any such indemnity as aforesaid or varying the liabilities
under the grant; "lessee" and "grantee" include persons respectively deriving
title under them.

© 1958 Crown Copyright

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