NTIn ForceAct
Trustee Act 1893
31Vesting order in place of conveyance by heir or devisee of
Start here
Get a plain-English read of 31
Turn the raw legal text into a practical explanation grounded in Trustee Act 1893.
31 Vesting order in place of conveyance by heir or devisee of
mortgagee
Where a mortgagee of land has died without having entered into
the possession or into the receipt of the rents and profits thereof,
and the money due in respect of the mortgage has been paid to a
person entitled to receive the same, or that last-mentioned person
consents to an order for the re-conveyance of the land, then the
Supreme Court may make an order vesting the land in such person
or persons in such manner and for such estate as the Court may
direct in any of the following cases, namely:
(a) where an heir or representative or devisee of the mortgagee is
out of the jurisdiction of the Supreme Court, or cannot be
found;
(b) where an heir or representative or devisee of the mortgagee,
on demand made by or on behalf of a person entitled to
require a conveyance of the land, has stated in writing that he
will not convey the same, or does not convey the same for 28
days next after a proper instrument conveying the land has
been tendered to him by or on behalf of the person so entitled;
(c) where it is uncertain which of several devisees of the
mortgagee was the survivor;
(d) where it is uncertain as to the survivor of several devisees of
the mortgagee, or as to the heir or representative of the
mortgagee, whether he is living or dead; and
(e) where there is no heir or representative to a mortgagee who
has died intestate as to the land, or where the mortgagee has
died and it is uncertain who is his heir or representative or
devisee.