Page:Trustee Act 1925 (UKPGA Geo5-15-16-19 qp).pdf/47

 [15 54. Where the High Court has power under this Part of this Act to make orders in relation to lunatics and defectives who are trustees, the Judge or Master in Lunacy shall, save as provided in this section, have no power to make such an order:

Provided that where—
 * (a) a lunatic or defective has become a trustee of mortgaged property merely by reason of the mortgage having been paid off;
 * (b) an order in lunacy is made authorising the exercise of a power to appoint a trustee;
 * (c) an order in lunacy is made for giving effect to a contract made before the lunatic or defective was under disability;
 * (d) a lunatic or defective is beneficially entitled to some interest in the property but holds the property or some interest therein under an express, implied or constructive trust;

the High Court and the Judge or shall, in accordance with rules to be made by the Lord Chancellor, have concurrent jurisdiction.

55. Where a vesting order is made as to any land under this Act or under the Lunacy Act, 1890, as amended by any subsequent enactment, or under any Act relating to lunacy in Northern Ireland, founded on an allegation of any of the following matters namely—
 * (a) the personal incapacity of a trustee or mortgagee; or
 * (b) that a trustee or mortgagee or the personal representative of or other person deriving title under a trustee or mortgagee is out of the jurisdiction of the High Court or cannot be found, or being a corporation has been dissolved; or
 * (c) that it is uncertain which of two or more trustees, or which of two or more persons interested in a mortgage, was the survivor; or
 * (d) that it is uncertain whether the last trustee or the personal representative of or other person deriving title under a trustee or mortgagee, or the last surviving person interested in a mortgage is living or dead; or

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