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Trustee Act 1893
22Distribution of estate after notice by trustee
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22 Distribution of estate after notice by trustee
(1) Where a trustee has given notices such as would have been given
by the Court in an administration suit for creditors, beneficiaries,
and others to send in to the trustee their claims against the trust
property, the trustee may, at the expiration of the time named in the
notices, distribute the trust property or any part thereof amongst the
persons entitled thereto, having regard only to the claims of which
he then has notice, and shall not be liable for the property or any
part thereof so distributed to any person of whose claim he had no
notice at the time of the distribution.
(2) Where a trustee has received a claim or notice of claim against a
trust property, and he disputes the same, such trustee may give to
the person making such claim, or giving such notice, a notice in
Proclamation in the Government Gazette 17
writing that such claim is disputed, and requiring such claimant
either to withdraw such claim or to institute proceedings to enforce
such claim within 6 months of the service of such last-mentioned
notice; and if such claim is not so withdrawn or prosecuted, the
trustee may apply by summons in Chambers to any Judge of the
Supreme Court, on affidavit setting out the facts for an order that,
as against such trustee, such claim shall be absolutely barred, and
any such Judge may make such order as he shall deem just, and
the same shall bind all persons whom it purports to affect.
(3) Nothing in this section shall prejudice the right of any person to
follow the property or any part thereof into the hands of any person
who has received the same.
(4) A trustee desirous of giving notices under this section may, on
application, ex parte or otherwise, obtain the direction of the
Supreme Court, or of an Associate Judge thereof, as to what
notices are proper to be given, and as to the mode of service.