TASIn ForceAct
Trustee Act 1898
46Orders made upon certain allegations to be conclusive evidence
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### 46 Orders made upon certain allegations to be conclusive evidence
> *\[Section 46 Renumbered by 25 Geo. V No. 78 \]*Where a vesting order as to any property is made under this Act, or under any Act relating to insanity founded on an allegation of the personal incapacity of a trustee, or on an allegation that a trustee or the representative of a mortgagee is out of the jurisdiction of the 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 representative of a mortgagee is living or dead, or on an allegation that there is no representative of a trustee or mortgagee, or on an allegation that any trustee or mortgagee has died intestate without a representative, or has died and it is not known who is his representative, or has died and it is uncertain whether he died intestate or who is his representative, the fact that the order has been so made shall be conclusive evidence of the matter so alleged in any court upon any question as to the validity of the order; but this section shall not prevent the Court from directing a reconveyance or the payment of costs occasioned by any such order if it was improperly obtained.