Estates of Deceased Act 1865 (SA)

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ANNO VICESIMO OCTAVO ET VICESIMO NON0

A.D. 1865.

p. L.? 9

No. 5. &, - 4 ~ l c r -

SoLS/ /Zr; c. 69.

An Act to amend the Law relating to the admifiist~aiion of the &tates of Deceased Persons.

[Assented to, 4th August, 1865.1

HEREAS it is expedient that the law whereunder the real and

W personal assets of deceased persons arc administered should	be amended-Be it therefore Enacted, by the Governor-in-Chief of
the Province of South Australia, with the advice and consent of
the Legislative Council and House of Assembly of the said Province,
in this present Parliament assembled, as follows:

thereof: Provided always, that nothing herein contained shall affect I 7

1. When any person shall, after the thirty-first day of December, Heir or devisee ot

one thousand eight hundred and sixty-five, die, seised of or entitled $ ~ ~ & $ ~ f	to any estate or interest in any land br other hereditaments in the mortgage out of per.
said Province, which shall, at the time of his death, be charged with aOnn'as"'q
the payment of any sum or sums of money by way of mortgagc, and
such person shall not, by his will or deed, or other document, have
signified any contrary or other intention, the heir or devisee, to
whom such land or hereditarnents shall descend or be devised, shall
not be entitled to have the mortgage debt discharged or satisfied out
of the personal estate, or any other real estate, of such person; but I
the land or hereditarnents so charged shall

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shall be charged, every part thereof, according to its value, bearing a,$,,

proport- part of the mortgage debts charged on t h y whole 9 C* B- ,

I6 28" & 29" VICTORIB, No. 5.

r Deceased Persons Bstates Act.-1 865.

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or diminish any right of the mortgagee on such lands or heredita-

l ments to obtain full, payment or satisfaction of his mortgage debt, either out of the personal estate of the person so dying as aforesaid

Not to aff rights or otherwise: Provided also, that nothing herein contained shall

claimed u Q der any

affect the rights of any person claiming under or by virtue of any

-~*iil, &o., before

January, 1866. will, deed, or document drcody made, & to be made before the first ~

m w B ~; r S 2 f f c f7' day of January, one t l ~ m ~ a n d eight hundted and sixty-six.

Y--J G=&.5 A 5 - p - ",,&:p d

In the name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor,

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Adelaid~ : Printed by authority, by W. G, Cox, Government Printer, Victoria-sq-.