NTIn ForceAct
Trustee Act 1893
48Trustee to have power to sell or convey in certain cases
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48 Trustee to have power to sell or convey in certain cases
(1) Where a trustee has, by the instrument creating the trust, power,
subject to the direction, request, or authority of any person, to sell,
convey, assure, mortgage, or otherwise deal with property, and
such person is dead, of unsound mind, a lunatic, under disability, or
absent from the Territory, the Supreme Court may authorize the
trustee to sell, convey, assure, mortgage, or otherwise deal with the
property as if such direction, request, or authority had been given,
but the power conferred by this section shall not be exercised so as
to injuriously affect any beneficial interest of such person.
(2) This section applies to trusts created either before or after the
(3) This section shall authorize the Supreme Court to confirm any sale,
conveyance, assurance, mortgage, or other dealing heretofore
made or executed by such trustee in any case in which the Court,
under this Act, would have authorized the same had it not been
made or executed.
Proclamation in the Government Gazette 29