Mortgage Debts Act 1855 No 1a (NSW)

A N N O D E C I M O N O N O

VICTORIAE REGINAE.

No. I.

An Act to amend the Law relating* to the

Administration of the Esta tes of Deceased

Persons. [18th July, 1855.]

WH E R E A S and Persona l Assets of Deceased Persons are adminis tered

it is expedient t h a t t h e Law whereunder t he I lea l

should be amended B e it enacted by H i s Excel lency the Governor of N e w South Wales w i th t h e advice and consent of t h e Legislat ive Counci l thereof as follows :—

W h e n any person shall after t h e thirty-first of December one thousand eight h u n d r e d and fifty-five die seised of or ent i t led to any estate or in teres t in any land or o ther he red i t ament s which shall a t t h e t ime of his dea th be charged wi th t h e p a y m e n t of any s u m or sums of money by way of mor tgage and such person shall no t by his will or deed or o ther document have signified any cont rary or other in ten t ion t he heir or devisee to w h o m such land or he red i t ament s shal l descend or be devised shall no t be ent i t led to have t he mor tgage debt dis­ charged or satisfied out of t he personal es ta te or any o ther real estate of such person b u t t he l and or he red i t aments so charged shall as between the different persons c la iming t h r o u g h or unde r t h e deceased person be pr imar i ly liable to t he p a y m e n t of all mor tgage debts w i th which the same shall be charged every p a r t thereof according to i t s va lue bear ing a propor t ionate p a r t of t h e mor tgage debts charged on the whole thereof Provided always t h a t no th ing herein contained shall affect or d iminish any r igh t of t h e mor tgagee on such lands or he red i taments to obtain full p a y m e n t or satisfaction of his mor tgage debt e i ther ou t of t he personal es ta te of t he person so dying as afore­ said or otherwise Provided also t h a t n o t h i n g here in conta ined shall affect t he r igh t s of any person c la iming unde r or by v i r tue of any will deed or document already made or to be made before t he first day of

J a n u a r y one t housand eight hund red and fifty-six.

No . I I .