109Life tenant etc. to have powers of a trustee in certain cases

##### 109. Life tenant etc. to have powers of a trustee in certain cases (1) Where there is no trustee of any land, but the land is for the time being lawfully vested in any person entitled to the possession thereof, or to the receipt of the rents and profits therefrom, for an estate for life, or for a term of years determinable with his life, or for any greater estate not being a fee simple absolute, that person may exercise all the powers conferred on a trustee by this Act, and the Court may confer on that person all the powers that it could confer on a trustee under this Act; and anything done by that person in exercise of any power by or under this section conferred has the same force and effect as if it had been done by a trustee. (2) Nothing in this section authorises any person mentioned in subsection (1) to sell any land therein mentioned, or to raise any capital money by a mortgage thereof or other dealing therewith, unless the money paid on the sale or the capital money so raised is paid to a trustee who is duly appointed and entitled to receive it.