Estates Vest in Heirs, etc., of Mortgages Act 1838
| Jurisdiction | UK Non-devolved |
| Citation | 1838 c. 69 |
(1 & 2 Vict.) C A P. LXIX.
[4th August 1838]
'WHEREAS by an Act passed in the First Year of the Reign of His late Majesty KingWilliam , the Fourth, intituled it was enacted, that where any Person seised of any Land upon any Trust should be out of the Jurisdiction of or not amenable to the Process of the Court of Chancery, or it should be uncertain, where there were several Trustees, which of them was the Survivor, or it should be uncertain whether the Trustee last known to have been seised as aforesaid were living or dead, or if known to be dead it should not be known who was his Heir, or if any Trustee seised as aforesaid, or the Heir of any such Trustee, should neglect or refuse to convey such Land for the Space of Twenty-eight Days next after a proper Deed for making such Conveyance should have been tendered for his Execution by, or by an Agent duly authorized by, any Person entitled to require the same, then and in every or any such Case it should be lawful for the said Court of Chancery to direct any Person whom such Court might think proper to appoint for that Purpose, in the Place of the Trustee or Heir, to convey such Land to such Person and in such Manner as the said Court should think proper, and that every such Conveyance should be as effectual as if the Trustees seised as aforesaid or his Heir had made and executed the same; and by the same Act it was further enacted, that the several Provisions therein-before contained should extend to every Case of a constructive Trust, or Trust arising or resulting by Implication of Law, but that in every such Case, where the alleged Trustee had or claimed a beneficial Interest adversely to the Party seeking a Conveyance or Transfer, no Order should be made for the Execution of a Conveyance or Transfer by such alleged Trustee until after it had been declared by the Court of Chancery, in a Suit regularly instituted in such Court, that such Person was a Trustee for the Person so seeking a Conveyance or Transfer; but that the said Act should not extend to Cases upon Partition, or Cases arising out of the Doctrine of Election in Equity, or to a Vendor, except in any Case therein-before expressly provided for: And whereas by another Act passed in the Fourth and Fifth Years of the Reign of His said late Majesty KingWilliam the Fourth, intituled , it was...
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