Page:Trustee Act 1925 (UKPGA Geo5-15-16-19 qp).pdf/41

 [15 and may in all respects act as if he had been originally appointed a trustee by the instrument, if any, creating the trust. Vesting Orders.

44. In any of the following cases, namely:—
 * (i) Where the court appoints or has appointed a trustee, or where a trustee has been appointed out of court under any statutory or express power;
 * (ii) Where a trustee entitled to or possessed of any land or interest therein, whether by way of mortgage or otherwise, or entitled to a contingent right therein, either solely or jointly with any other person—
 * (a) is under disability; or
 * (b) is out of the jurisdiction of the High Court; or
 * (c) cannot be found, or, being a corporation, has been dissolved;
 * (iii) Where it is uncertain who was the survivor of two or more trustees jointly entitled to or possessed of any interest in land;
 * (iv) Where it is uncertain whether the last trustee known to have been entitled to or possessed of any interest in land is living or dead;
 * (v) Where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of a deceased trustee who was entitled to or possessed of any interest in land;
 * (vi) Where a trustee jointly or solely entitled to or possessed of any interest in land, or entitled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the land or interest or a release of the right, to convey the land or interest or to release the right, and has wilfully refused or neglected to convey the land

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