Northern Territory Consolidated Acts

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THE TRUSTEE ACT 1893 AND SHALL COME INTO OPERATION ON A DAY TO BE FIXED BY THE GOVERNOR, - SECT 22

Distribution of estate after notice by trustee

    (1)     Where a trustee has given notices such as would have been given by the Court in an administration suit for creditors, beneficiaries, and others to send in to the trustee their claims against the trust property, the trustee may, at the expiration of the time named in the notices, distribute the trust property or any part thereof amongst the persons entitled thereto, having regard only to the claims of which he then has notice, and shall not be liable for the property or any part thereof so distributed to any person of whose claim he had no notice at the time of the distribution.

    (2)     Where a trustee has received a claim or notice of claim against a trust property, and he disputes the same, such trustee may give to the person making such claim, or giving such notice, a notice in writing that such claim is disputed, and requiring such claimant either to withdraw such claim or to institute proceedings to enforce such claim within 6 months of the service of such last-mentioned notice; and if such claim is not so withdrawn or prosecuted, the trustee may apply by summons in Chambers to any Judge of the Supreme Court, on affidavit setting out the facts for an order that, as against such trustee, such claim shall be absolutely barred, and any such Judge may make such order as he shall deem just, and the same shall bind all persons whom it purports to affect.

    (3)     Nothing in this section shall prejudice the right of any person to follow the property or any part thereof into the hands of any person who has received the same.

    (4)     A trustee desirous of giving notices under this section may, on application, ex parte or otherwise, obtain the direction of the Supreme Court, or of an Associate Judge thereof, as to what notices are proper to be given, and as to the mode of service.



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