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Trustee Act (Northern Ireland) 1958

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46Vesting order in place of conveyance by personal representative of mortgagee.N.I.


(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;

the court may make an order vesting the land in such person in such manner and for such estate or interest as the court may direct, where—


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


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


it is uncertain which of several devisees of the mortgagee was the survivor; or


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


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.

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