33Protection of trustee, &c.

### 33 Protection of trustee, &c. > *\[Section 33 Substituted by 26 Geo. V No. 97, s. 3 \]* > > > (1)  Where a personal representative or trustee liable as such for – > > > > > > (a) any rent, covenant, or agreement – > > > > > > > > > > (i) reserved by or contained in any lease; or > > > > > > > > > > > (ii) payable under or contained in any grant made in consideration of a rent-charge; > > > > > > > (b) any indemnity given in respect of any such rent, covenant or agreement – > > > > has satisfied all liabilities under the lease or grant which may have accrued or been claimed up to the date of the conveyance hereinafter mentioned, and where necessary, has set apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum which the lessee or grantee agreed to lay out on the property demised or granted, although the period for laying out the same may not have arrived, such personal representative or trustee may convey the property demised or granted to a purchaser, legatee, devisee, or other person entitled to call for a conveyance thereof. > > > (2)  After such conveyance the personal representative or trustee – > > > > > > (a) may distribute the residuary real and personal estate of a deceased testator or intestate, or the trust estate, as the case may be (exclusive of any fund set apart as aforesaid), to or amongst the persons entitled thereto, without appropriating any part or any further part, as the case may be, of such estate to meet any future liability under such lease or grant; and > > > > > > > (b) notwithstanding such distribution, shall not be personally liable in respect of any subsequent claim under such lease or grant. > > > (3)  This section shall not prejudice the right of the lessor or grantor, or the persons deriving title under them respectively, to follow the assets of the deceased or the trust property into the hands of the persons amongst whom the same may have been distributed. > > > (4)  This section shall apply notwithstanding anything to the contrary in the will or other instrument, if any, creating the trust. > > > (5)  In this section ***lease*** includes an underlease and an agreement for a lease or underlease and any instrument giving any such indemnity as aforesaid or varying the liabilities under the lease; and ***grant*** applies to a grant whether the rent is created by limitation, grant, reservation, or otherwise, and includes an agreement for a grant and any instrument giving any such indemnity as aforesaid or varying the liabilities under the grant; and ***lessee*** and ***grantee*** include persons deriving title under the lessee and grantee respectively.