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Trustee Act 1893
33In what cases the heir, representative, or devisee of a person,
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33 In what cases the heir, representative, or devisee of a person,
who has contracted to sell land, shall be deemed a trustee
within this Act
Where a person having contracted in writing to sell land dies
without having conveyed the land in pursuance of his contract, and
the consideration for the sale has been paid or satisfied in his
lifetime, or after his decease, or the person entitled to receive the
consideration money or such part thereof as may remain
unsatisfied, is willing to receive the same, and there is no dispute or
question as to the making of the contract, or as to the right of the
purchaser of the land so agreed to be sold to demand specific
performance of such contract, and the Court shall be satisfied that
the only impediment to the performance thereof arises from the fact
that the legal estate in the land has become vested in an heir,
representative, or devisee of the deceased vendor, who is an infant,
or lunatic, or of unsound mind, the Supreme Court may make an
order declaring the heir, representative, or devisee, as the case
may be, of the deceased vendor to be a trustee of the land
contracted to be sold, and such heir, representative, or devisee
shall thereupon be deemed to be a trustee thereof within the
meaning of this Act, and at the same time or subsequently the said
Court may order that the land shall vest in such person in such
manner and for such estate as the said Court may direct, and may
give directions as to the payment and satisfaction of any unpaid or
unsatisfied purchase-money.