sec.37Power of public trustee in relation to devises in certain cases

### sec.37 Power of public trustee in relation to devises in certain cases Where the public trustee is, pursuant to any provision of this Act, administering the estate or part of the estate of a deceased testator, and the testator has by the testator’s will devised land and— the public trustee is satisfied that the debts and liabilities of the testator or the funeral expenses of the testator or the expenses of administration for which the land is liable could not be fully satisfied without recourse to the land; or the devise is (absolutely or subject to any condition and whether such devise takes effect immediately or subject to any prior interest) to an infant, or a person residing beyond the State, or whose whereabouts are unknown, or as to whom it is not known whether the person is alive or dead, or who has died and who has no person acting in the administration of the person’s estate; or the testator had before the testator’s death sold or disposed of the land but had not transferred the land in pursuance of such sale or disposition; the public trustee shall, notwithstanding the provisions of any law to the contrary, be entitled to have transmission of the said land entered up to the public trustee as trustee in the proper register, and shall have the same powers and authority to deal with that land as though the same had by the will of such testator been devised to the public trustee upon trust and, without limiting the powers of the public trustee in other respects, the public trustee shall, notwithstanding any provision of the testator’s will to the contrary, have power to raise such sum or sums of money as the public trustee considers sufficient for the purpose of discharging any debts or liabilities charged upon the testator’s estate or for the payment of which such estate may be made available, by mortgage or by sale or by lease, at the best rent obtainable and for such duration as the public trustee thinks proper, of the land so devised or any part thereof. - (a) the public trustee is satisfied that the debts and liabilities of the testator or the funeral expenses of the testator or the expenses of administration for which the land is liable could not be fully satisfied without recourse to the land; or - (b) the devise is (absolutely or subject to any condition and whether such devise takes effect immediately or subject to any prior interest) to an infant, or a person residing beyond the State, or whose whereabouts are unknown, or as to whom it is not known whether the person is alive or dead, or who has died and who has no person acting in the administration of the person’s estate; or - (c) the testator had before the testator’s death sold or disposed of the land but had not transferred the land in pursuance of such sale or disposition;