Victorian Current Acts

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PRESBYTERIAN TRUSTS ACT 1890 - SECT 9

Properties for which there are no trustees to vest in corporate trustees

If in any case the person or all the persons in whom any property is vested die or be absent from Victoria for six months in succession or cannot be found or resign or be removed from office or become otherwise incapable of holding such property, of which incapacity the General Assembly shall be the sole and final judge, and if those who are lawfully authorized to elect or appoint a successor or successors to such person or persons refuse or neglect to do so for the space of one month after being called upon by the Moderator to make such election or appointment, or if there be no person lawfully authorized to elect or appoint such successor or successors, then forthwith the Moderator may by certificate in writing under his hand in the form and to the effect in Part I of the First Schedule to this Act declare that there are no trustees of such property and thereupon such property shall vest in the corporate body of trustees, and the certificate shall have the same effect as if the trustee or trustees who had died or left Victoria or could not be found or had resigned or had been removed from office or become otherwise incapable of holding such property had duly executed a conveyance or transfer of the property in the same manner and for the same estate.



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