South Australian Current Acts

LAW OF PROPERTY ACT 1936 - SECT 75

75—Court to declare what parties are trustees of lands comprised in any suit, and as to the interests of persons unborn

In any application for partition where an order shall be made by the court for the sale instead of the partition of the property, it shall be lawful for the court to declare that any of the parties are trustees of such property or any part thereof within the meaning of this Part, or to declare concerning the interests of unborn persons who might claim under any party or under the will or voluntary settlement of any person deceased who was during his lifetime a party to the transaction concerning which such order is made, that such interests of unborn persons are the interests of persons who, upon coming into existence, would be trustees within the meaning of this Part, and thereupon it shall be lawful for the court to make such order or orders as to the estates, rights, and interests of such persons, born or unborn, as the said court might, under the provisions of this Part make concerning the estates, rights, and interests of trustees born or unborn.