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TRUSTEE ACT (NORTHERN IRELAND) 1958 - SECT 46

Vesting order in place of conveyance by personal representative of mortgagee.

46. Where

(a)a mortgagee of land has died without having entered into possession or into
the receipt of the rents and profits thereof; and

(b)the money due in respect of the mortgage has been paid to a person entitled
to receive the same, or that person consents to an order for the reconveyance
of the land;

(i)a personal representative or devisee of the mortgagee is out of the
jurisdiction of the High Court or cannot be found, or, being a corporation,
has been dissolved; or

(ii)a personal representative or devisee of the mortgagee on demand made by or
on behalf of a person entitled to require a conveyance of the land has stated
in writing that he will not convey the same or does not convey the same for
the space of twenty-eight days after a proper instrument for conveying the
land has been tendered to him by or on behalf of the person so entitled; or

<(iii)it is uncertain which of several devisees of the mortgagee was the survivor; or


<(iv)it is uncertain whether the personal representative of the mortgagee or the survivor of several devisees of the mortgagee is living or dead; or


(v)there is no personal representative to a mortgagee who has died intestate
as to the land, or where the mortgagee has died, and it is uncertain who is
his personal representative or devisee.

© 1958 Crown Copyright

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