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of such debt or debts, and by reason of the infancy of any such heir or devisee, an immediate

which the parol demurred, and no sale was directed till the heir attained twenty-one. Io Pope v. Gwyn, 8 Ves. 28, n.; 2 Dick. 683; the assets were held to be equitable and the parol did not demur, but a day was given to the infant heir. Spencer v. Boyes, 4 Ves. 370, was not a case of the parol demurring, but a day to show cause was given to the infant heir. All cases of foreclosure and partition, and all others in which a conveyance is required from an heir, except those in which the parol would demur at law, are cases in which a day is given, but the parol does not demur. Of all such cases the statute takes no notice, and affords no remedy for them, except that by the 11th section it enables the Court to take from the infant the legal estate of property decreed to be sold for the payment of debts, but for that purpose only. In all other cases in which a conveyance is required from an infant, the law remains as before, and the practice, therefore, must remain the same. There must be a decree for the infant to convey at twenty-one, and he must have a day to show cause as before.

In conformity with the principles established by the cases just referred to, and with the enactment contained in the section now under consideration, it has been held, that where a bill is filed by an equitable mortgagee for a sale of the mortgaged property, and a decree for sale is obtained, an infant heir, who is a defendant to the suit, is not entitled to the usual allowance of six months after he comes of age to show cause against the decree, although, as we have seen, he would still be allowed a day, if the decree were for a foreclosure instead of a sale. Scholefield v. Heafield, 7 Sim. 669.

By the 30th of the General Orders of the Court of Chancery, made the 26th of August, 1841, in pursuance of the Acts of

conveyance thereof cannot be compelled, such Court may direct such infant to convey such estates so to be sold to the purchaser or purchasers thereof, and in such manner as the said Court shall think proper; and every such infant shall make such conveyance accordingly (a).

4 Vict. c. 94, and 4 & 5 Vict. c. 52, it is declared, that in all suits concerning real estates vested in trustees by devise, and such trustees are competent to sell and give discharges for the proceeds of the sale, and for the rents and profits of the estate, such trustees shall represent the persons beneficially interested in the estate, or the proceeds, or the rents and profils, in the same manner and to the same extent as executors or adminis. trators in suits concerning personal estate represent the persons beneficially interested in such personal estate; and in such cases it shall not be necessary to make the persons beneficially interested in such real estate or rents and profits parties to the suit. And by the 31st of the same orders it is also declared, that in suits to execute the trusts of a will, it shall not be necessary to make the heir at law a party.

(a) In Smethurst v. Longworth, 2 Keen, 603, it was held, that this statute did not empower a Court of equity, even for the benefit of the infant heir, to direct a mortgage of his real estates for payment of the ancestor's debts to which it was liable; but now by stat. 2 & 3 Vict. c. 60, s. 1, Courts of equity are em. powered to direct mortgages as well as sales of estates for the purposes above mentioned ; and by sect. 2 of the same statute it is declared that the surplus (if any) of the money raised by any such sale or mortgage which shall remain after answering the purposes for which the same shall have been raised, and defraying all reasonable costs and expenses, shall be considered in all respects of the same nature, and descend in the same manner as the estate, or the lands, &c. so sold or mortgaged.

Sect. 12. The Court may order persons having Persons bava life interest to convey the fee of lands, &c. terest may be where a decree shall be made under the Act convey the for the sale thereof for the payment of debts(a).


Sect. 13. Act of 33 Geo. 2, made by the par- 33 Geo. 2 (1.) liament of Ireland relating to debts due to affected. bankers, not to be affected.

An infant devisee in tail may be ordered to convey under the above (1lth) section.- Penny v. Pretor, 9 Sim. 135.

In a decree against the infant heir for sale of an estate subject to an equitable mortgage, a day is not to be allowed for the infant to show cause against the decree on attaining his majority-secus, in a decree of foreclosure. Scholefield v. Heafield, 7 Sim. 669, see p. 229, ante. And if a sale take place under the decree, and the mortgagee having permission to bid, become the purchaser, the infant heir will be ordered to convey.-S.C. 8 Sim. 470.

An infant tenant in tail estates rected to be sold for the payment of debts, will be ordered under this section to convey to a purchaser.—Radcliffe v. Eccles, 1 Keen, 130.

An application in a creditor's suit under the above section (11) for an infant heir or devisee to convey, must be made by petition and not by motion.—Anon. 1 Y. & C. 75.

(a) By the statute 2 & 3 Vict. c. 60, s. 1, the powers given by that Act and the 11 Geo. 4 and 1 Will. 4, c. 47, are declared to authorize the sales and mortgages above referred to to be made in cases where such tenant for life, or other person having a limited interest, or such first executory devisee, as above mentioned, is an infant.

Conveyances, &c. by Trustees, 8sc.

As to the Act 11 Geo. 4 & 1 Will 4, c. 60, intituled

“ An Act for amending the Laws respecting Conveyances and Transfers of Estates and Funds vested in Trustees and Mortgagees, and for enabling Courts of Equity to give effect to their Decrees and Orders in certain cases."

Prior to the passing of this Act the law relating to conveyances by or on the behalf of infant or lunatic trustees and mortgagees, and of trustees out of the jurisdiction or refusing to act, was principally governed by the Act 6 G.4, c. 74; but the powers of that Act were found to be wholly inefficient for many of the cases of daily occurrence requiring the assistance of a Court of equity. In Dew v. Clark(a) it was determined that the 6 Geo. 4, c. 74, applied only to trusts created by express declaration, and hence the numerous instances of constructive trusts were left in a state of uncertainty and suspense. Thus where an estate was sold, and the vendor died before conveyance, leav

(a) 4 Russ. 514.

ing an infant heir, the Court of Chancery had no power to compel the heir to perform the contract, the heir not being deemed a trustee for the purchaser; but under the 11 Geo. 4 and 1 Will. 4, c. 60, the representatives of vendors, and also nominal purchasers, are deemed trustees, and may be ordered to convey, although infants, after a decree for specific performance. In like manner tenants for life of settled

property, contracted to be sold, may be directed to convey the fee-simple after a decree for specific performance.

This Act also contains an extremely valuable provision for enabling Courts of equity to appoint new trustees of charities on the death of the trustees in whom the charity estates may have been vested.

The sections of the Act which have extended the provisions of the 6 Geo. 4, c. 74, are the 12th, 14th, 16th, 17th, 18th, 19th, 22nd and 23rd.

The enactments to which it is important that general attention should be directed are the following :

Sect. 1. By this section the former Acts relating to conveyances by infants or lunatic trustees are repealed.

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