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The Ontario Weekly Reporter and Index-Digest (Volume 2)

The Ontario Weekly Reporter and Index-Digest (Volume 2)


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: a previous taker, means death at any time without children, and not death prior to death of testator. See also Woodroope v. Woodroope, [1894] Irish E. 1; Cowan v. Allen, 26 S. C. R. 292. Under the Devolution of Estates Act, R. S. 0. ch. 127, the executors can sell, but only with the approval of the official guardian. Executors under similar circumstances could without the approval of the official guardian have sold before the amendment of sec. 16 of that Act by 63 Viet. ch. 17, sec. 17. The amending section eliminated the words and there are no debts, and the proviso to sec. 16 now reads, provided always that where infants or lunatics are beneficially entitled to such real estate as heirs or devisees, or when other heirs or devisees do not concur in the sale, no such sale shall be valid as respects such infants, lunatics, or non-concurring heirs or devisees, unless the sale is made with the approval of the official guardian appointed under the Judicature Act; and for this purpose the official guardian aforesaid shall have the fame powers and duties as he has in the case of infants. See Armour on Devolution, pp. 165-8. It is contended by the petitioners that the Trustee Act. R. S. 0. ch. 129, sees. 16 and 18. authorize a sale by the executors. I do not think so, as sec. 20 of that Act limits and restricts the operation of sees. 16 and 18. ... Re Eddie, 22 0. R. 556, commented on. If the executors cannot sell and make a good title, can the devisee . . . do so? This is not a question of distribution, it is a question of sale. Section 20 confers no power of sale. ... I am of opinion that the intention (if the Legislature was, whether these sections accomplish it cr not, to provide for the sale of land for payment of debts or legacies, in every case where so charged...


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Product Details
  • ISBN-13: 9780217098687
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 482
  • Spine Width: 25 mm
  • Width: 189 mm
  • ISBN-10: 0217098681
  • Publisher Date: 05 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 853 gr


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