NTIn ForceAct
Trustee Act 1893
43Orders made upon certain allegations to be conclusive
Start here
Get a plain-English read of 43
Turn the raw legal text into a practical explanation grounded in Trustee Act 1893.
43 Orders made upon certain allegations to be conclusive
evidence
Where a vesting order has been made as to any land under this
Act, or under any Act relating to lunacy, founded on an allegation of
the infancy or personal incapacity of a trustee, representative or
mortgagee, or on an allegation that a trustee or the heir or
representative or devisee of a mortgagee is out of the jurisdiction of
the Supreme Court, or cannot be found, or that it is uncertain which
of several trustees or which of several devisees of a mortgagee
was the survivor, or whether the last trustee, or the heir or
representative or last surviving devisee of a mortgagee, is living or
dead, or on an allegation that any trustee or mortgagee has died
intestate without an heir, or has died and it is not known who is his
heir or representative or devisee, the fact that the order has been
so made shall be conclusive evidence of the fact alleged in any
Court upon any question as to the validity of the order; but this
section shall not prevent the Supreme Court from directing a
reconveyance, or a redisposition of any contingent right, or the
payment of costs occasioned by any such order if improperly
obtained.
Payment into Court by trustees and mortgagees