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 31

Vesting order in place of conveyance by heir or devisee of mortgagee

Where a mortgagee of land has died without having entered into the possession or into the receipt of the rents and profits thereof, and the money due in respect of the mortgage has been paid to a person entitled to receive the same, or that last-mentioned person consents to an order for the re-conveyance of the land, then the Supreme Court may make an order vesting the land in such person or persons in such manner and for such estate as the Court may direct in any of the following cases, namely:

        (a)     where an heir or representative or devisee of the mortgagee is out of the jurisdiction of the Supreme Court, or cannot be found;

        (b)     where an heir or 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 28 days next after a proper instrument conveying the land has been tendered to him by or on behalf of the person so entitled;

        (c)     where it is uncertain which of several devisees of the mortgagee was the survivor;

        (d)     where it is uncertain as to the survivor of several devisees of the mortgagee, or as to the heir or representative of the mortgagee, whether he is living or dead; and

        (e)     where there is no heir or 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 heir or representative or devisee.



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