Public Curator Act Amendment Act of 1924 (15 Geo v No. 3) (Qld)

TRUSTEES AND EXECUTORS. 15 GEO. V. No. 3, 1924. Public Curator Act Amendment Act. STATE CHILDREN. See CHILDREN. TAX, INCOME. See INCOME TAX. TAX, LAND. S-:;e LAND TAX. 11101 TRUSTEES AND EXECUTORS. Public Curator Act Amendment Act of 1924 15 Geo. V. No. 3 Trustees and Executors Acts Amendment Act of 1924 15 Geo. V. No. 17 An Act to Amend "The Public Curator Act of 15 Geo. V. 1915" in certain particulars. No. 3. THE PUBLIC [ASSENTED TO 8TH SEPTEMBER, 1924.J CU~ ~ ~ OR B E it enacted by the King's .Most Excellent Majesty, ~ ~:~ ;~~ ;Z by and with the advice and consent of the Legis- lative Assemhly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The Public CUTator Short title Act Amendment Act 'of 1924," and shall be read as one and . with *" The Public CllTator Act of 1915," herein referred ~ ~ ~ ! ~ ~ ctlOn to as the Principal Act. The Principal Act and this Act may together be cited as "The Public C~ lTator Acts, 1915 to 1924." 2. In section two of the Principal Act, after the Amendment particulars with respect to Part Ill. the following words of s. 2. are inserted:-"PART IIIA.-PRO'l'ECTION OF AGED AND INFIRM PERSONS." 3. (1.) The second paragraph of subsection three of Amendment section seven of the Principal Act is repealed and the of s. 7. following provision is inserted in lieu thereof, namely :- " Section one hundred and ninetv-three of the said last-mentioned Act shall not apply to the public curator." * 6 Geo. V. No. 14, 8ttpra, page 7056.

11102 TRUSTEES AND EXECUTORS. Pnblic Curator Act Amendment Act. 15 GEO. V. No. 3, (2.) After subsection five of the said section seven the following subsection is inserted:- ?elay, &c., "( 6.) Whenever proceedings in liquidation are or are ~ fquidation likely to be delayed, or the interests of the creditors or of proceedings. the debtor are or are likely to be prejudicially affected, by reason of the death or absence or conviction or improper conduct of the trustee, or for any other cause, the court. upon an application by the public curator in that behalf,. may order that all outstanding assets belonging to the estate of the debtor shall vest in the public curator, and that he shall be the trustee in such liquidation for the purpose of realising such assets and properly distri- buting the same, and the court may make all such further orders and give all such further directions as it thinks proper in connection with the matter: Provided that nothing herein contained shall impose any personal liability on the public curator on account of anything \vrongfully done or omitted to be done by the trustee aforesaid, and the liability of the public curator for anything wrongfully done or omitted to be done shall in all such cases be limited to the extent of the net value of tlhe assets which have devolved upon him as aforesaid: Provided further that nothing herein contained shall relieve any such trustee from any such personal liability as aforesaid." Amendment 4. In section twenty-five of the Principal Act, the of s. 25. words" in the month of January" are repealed and the words" not later than· the thirty-first day of August" are inserted in lieu thereof. Paragraphs (a), (b), and (c) of t,he said section are repealed and the following paragraphs are inserted in lieu thereof :- "(a) A balance-sheet setting forth the assets and liabilities as at the thirtieth day of June last preceding; (b) A statement showing the total receipts and expenditure during the year ended on the thirtieth day of June last preceding; (c) A profit and loss account setting forth the total revenue and expenditure of the public curator's office during the year ended on the thirtieth day of June last preceding;

TRUSTEES AND EXECUTORS. 11103 1924. Pttblic Ctlrator Act Amendment Act. (d) A statement showing the position and invest- ment of the Unclaimed Moneys Fund." 5. In subsection one of section twenty-eight of the Amendment Principal Act, after the word "Queensland" the words (}f s. 28. "or any members or creditors of a joint stock company" are inserted; also, after the word "attorney" the words Hor liquidator of a joint stock company" are inserted. ,6. (1.) After paragraph (iv.) of subsection one of A,mendment section thirty-four of the Principal Act, the following 01 s. 34. paragraphs are inserted, namely :- "(v.) Where such person leaves a will appointing the public curator to be executor. (vi.) Where the executor or executors of the will of such person has or have renounced." (2.) Subsection two of the said section is repealed. 7. After subsection five of section thirty-seven of Amendment the Principal Act the following subsection is inserted:- of s. n. "[5A. J If after filing such election the public curator finds- (a) That the deceased person who was supposed to have died intestate has died testate; or (b) That the document annexed to such election as the testator's last will is not such last will, but has been superseded by a later will which is believed to be the testator's last will; or (c) That the deceased person who was supposed to have died testate has died intestate, and that the document annexed to such election as the testator's last will has no testamentary validity or effect; the public curator shall, as soon as practicable, file in the office of the court a memorandum under his hand stating the facts and revoking such election; whereupon such election shall be deemed to have been revoked accordingly, and the public curator shall be at liberty to file a fresh election under this section in accordance with the facts aforesaid, and the provisions of this section shall apply to such fresh election as if it had been the election which had originally been filed hereunder."

11104 TRUSTEES AND EXECUTORS. Public C1(rator Act Amendment Act. 15 GEO. V. No. 3, 8. After section fifty-three of the Principal Act the following section is inserted:- Power of " [53A.] In any case where the public curator is pur- ~~ ~ ~ ! ~ r in suant to any provision of this Act administering the certain cases estate of any deceased testator, and the testator has by orefadlteyv.ises of h' IS WI '11 deVl. sed Iadn - (a) To any person, and the public curator is satisfied that the debts and liabilities of the said testator due at his death could not be fully satisfied without recourse to the land so devised: or (b) To any person who at the date of the death of such testator is under the age of twenty-one years; then the public curator shall, notwithstanding the pro- visions of any law to the contrary, be entitled to have ·transmission of the said land entered up to him as trustee in the proper registry, and shall have the same powers and authority to deal with such land as though the same had by the will of such testator been devised to him upon trust for the devisee; and without limiting the powers of the public curator in other respects he shall, notwithstanding any provision of the testator's will to the contrary, have power to raise such sum o~ sums of money as he deems sufficient for the purpose of di~ charging any debts or liabilities charged upon the testator's estate or for the payment of which such estate may be made available, by mortgage (at such rate of interest and repayable within such period as he thinks proper) or by sale at public auction or at the best -price obtainable thereafter (at such price and on such terms and conditions as he thinks proper) or by lease at the best rent obtainable (of such duration as he thinks propsr) of the land so devised or any part thereof." Amendment 9. (1.) The first paragraph of subRection one of of s. 56. section fifty-six of the Principal Act is repealed and the following provision is inserted in lieu thereof, namely :- "(1.) Where any mortgagee of property- (a) Is absent from Queensland; or (b) Is dead and his estate has not been adminis- tered; or (c) Cannot be found; or (d) Is a corporation or company which has ceased to exist;

1924. TRUSTEJiJS AND EXECUTORS. P1£blic Curator Act Amendment Act. 11105. and so far as t.he mortgagor is aware there is no person in Queensland authorised t.o give a discharge of the mortgage debt at, or after the time appointed for the redemption of the mortgage, the public curator- (i.) Where the mortgage debt is unpaid, on t.ender to him of the mortgage debt and on proof to his satisfaction that the amount tendered is the whole amount due under the mortgage, may receive the same in trust for the mort- gagee or other person entitled thereto, and on receipt t.hereof shall sign a memorandum of discharge of the mortgage debt in the prescribed form; or (ii.) Where the whole amount due under the mortgage has been paid, on proof t.o his satisfaction of that fact., shall sign a memorandum of discharge of the mortgage debt in the prescribed form. Such memorandum of discharge shall operate as if the same had been signed by the mortgagee himself." (2.) In subsections four and five of the said section, the words "receipt for the mortgage-moneys" are repealed and the words "memorandum of discharge of the mortgage debt" are resPG0tively inserted in lieu thereof. 10. After section fifty-six of the Principal Act the following section is inserted:- "[56A.] Where the public curator is satisfied that any Case of prerOgVisI " tSeIrOends op - fro * p " r T ie h t e or R - e o a f l a P n r y op fr e e r e ty h A ol c d ts, la1n8d61su to b1je8c8t7t, ' o '1 tlhase nrtreoaatnlpsfrenrps Mofty sold the same and received the purchase money in fu . ll pcoromppelretfeodrmin. but has not executed a proper transfer of such land m form required by law, and that such registered pro- prietor- (a) Is absent from Queensland; or (b) Is dead and his estate has not been ad- ministered; or (c) Cannot be found; and so far as the public curator can ascertain there is no person in Queensland authorised to execute such transfer~ the public curator may, after giving such public notice of ------ ------------------ * 25 Vic No. 14 and amending Acts, supra, pages 2984 et seq. ·1

11106 TRUSTEES AND EXECUTORS. P1lblic Curator Act Amendment Act. 15 GEO. V. No. 3, his intention so to do as he thinks proper, execute such transfer in proper form as aforesaid for and on behalf of such registered proprietor, and the instrument of transfer so executed shall have the same effect in all respects as if it had been executed by such registered proprietor." Amendment 11. In paragraph (i.) of section fifty-eight of the of s. 58. Principal Act, the words "five hundred" are repealed and the words "one thousand" are inserted in lieu thereof; also, after the word "court" the words "and no sale of real property shall be made by private contract unless or until after the same has been offered for sale by public auction and not sold or unIe3s the beneficiaries consent in writing to such m1e by private contract" are inserted. 12. After section sixty-seven of the Principal Act the following section is inserted;- Where " [67 A. ] Whenever the public curator refuses to cpuurbalitcor may recognise the claim in whole or in part of any person who distribut e claims to be a creditor against the estate of any deceased ~ n s o s t e i t c s e aoffter person, he may give notice in writing of such refusal to rejection of the person so claiming, and if such person does not within ccrleadimitoorf. six months after the receipt of such notice institute any Va.No. proceeding to enforce such claim it shall be lawful for the 2611, s. 92. public curator to distribute the assets of such deceased person without regard to the claim or to so much thereof as the public curator has by the said notice refused to recognise, and thereupon the right of such person to recover the amount of the claim or the portion thereof which the public curator has by the said notice refused to recognise shall be absolutely barred. For the purposes of this section a notice may be served on any such person by posting it to him in a registered post letter addressed to the address given in the claim, and every such notice shall be deemed to have been received by such person in the ordinary course of post unless the public curator has notice to the contrary before the distribution of the assets." Amendment 13. (1.) Subsections one, two, three, and four of o(}f s. 78. section seventy-eight of the Principal Act are repealed and the following SD bsection is inserted in lieu thereof : - Cases where "(1.) Where. the public curator is administering any · beestate may estate, and such estate or any part thereof cannot be distributed distributed by reason of the fact that it is not known to : taifsteemr eandtv. er· the public curator whether any person entitled thereto

TRUSTEES AND EXECUTORS. 11107 1924. Public C1trator Act Amendment Act. is alive or dead or where any such person is, the public curat,or may, after due inquiry has been made and such advertisements inserted in a newspaper or newspapers as he may deem necessary calling upon all persons to send in their claims against such estate within the time specified in such advertisement, and upon failure by any person to send in such claim within the time fa prescribed or prior to the date of any distribution, distribute such estate or part thereof, disregarding the claims of all such persons and all persons claiming by, through, or under them or any of them by derivative title or otherwise howsoever." (2.) Subsections seven and e;ght of the said section are repealed. (3.) Subsections five, six, and nine of the said sec- tion are renumbered two, three, and four resper;tively. 14. After section eighty-five of the Principal Act the following sections are inserted under the following heading:- "PART IIIA.-PROTECTION OF AGED AND INFIRM PERSONS." " [85A.] In this Part of this Act- Interpreta- tion. N.Z. 1912, No. 26, s. 2. " Protected estate" means the real and personal Protected estate of a protected person, or such part estate. thereof as is the subject-matter of a protection- order under this Part of this Act; " Protected person" means a person who or whose Protected estate becomes the subject of a protection- person. order under this Part o£ this Act. [85B.] (1.) Notwithstanding anything in any other When court Act to the contrary, where it is made to appear to the maYt mtt;tke o sa t I · S f ac ' tIOn 0 f t h e ' court upon the app 1 l " CatIOn 0 f t h e oprrdoeero. IOU- public curator that-. lb. ss. 4 to 6, Sch. (i.) Any person, by reason of age, disease, illness, or physical or mental infirmity- (a) Is unable, wholly or partially, to manage his affairs; or (b) Is subject to, or is liable to be subjected to, undue influence in respect of his estate, or any part thereof, or the disposition thereof; or

]1108 TRUSTEES AND EXECUTORS. Public Curator Act Amendment Art. 15 GEO. V. No. 3, (c) Is otherwise in a position which in the opinion of the court renders it necessary in the interest of such person or of those dependent upon him that his property should be protected; (ii.) Any person is, by reason of his taking or using in excess alcoholic liquors, or any intoxicat- ing, stimulating, narcotic, or sedative drug, unable, wholly or partially, to manage his affairs, whether such inability is continuous or occasional; the court may make a protection-order in or to the effect of the form hereunder :::et forth : - In the Supreme Court of Queensland. In the matter of "The Public Curator Acts, 1915 to 1924," and in the matter of the estate of ) of The day of , 19 . UPON the application of the public curator, it having been made to appear to the satisfaction of the Court that a protection-order under the provisions of the abovementioned Acts ought to be made. in respect of the abovenamed , this Court doth make a protection-order accordingly, and doth order that the public curator be appointed ma'lager of the estate [or of a defined part of the estate, describing the same,' or of the whole estate, excepting a defined part or parts, describing the same] of the said , wiGh the powers and duties defined in the said Act [or and with the following (further) powers and duties]. By the Court. (2.) Notice of every application under this section shall be served upon the person whose property is sought to be protected, unless the court in any special case otherwise directs. Court, by [850. ] (1.) If the court grants such application, the oprrodteerc, ttioon. court shall, in and by the protection-order, appoint the appoint public curator to be the manager to take possession cpuurbalitcor of and to control and manage all or such part or parts manager of of the estate of the protected person as the court directs. estate. N.Z. 1912, No. 26, ss. 7, 8. Variation of (2.) A protection-order may be varied or rescinded order. wholly or in part from time to time as to the court seems fit, either during the lifetime of the protected person or at such time after the death of the protected person as the Court determines.

THUSTEES AND EXECUTORS. 11109 1924. Public Curator Act Amendment Act. ------------ - - -- - -- - - -- - -- - ~ [85D.] Unless the court in any particular case other-Statutory wise orders, the public curator as such manager shalll~ ~ : s~ sio, 23. have the following powers ;- (a) To take possession of the protected estate, and to recover possession thereof from any person holding the same; (b) To repair and insure against fire or accident any part of the protected estate; (c) To demand, recover, and receive moneys and personal effects payable to or belonging to the protected person ; (d) To apply any moneys (whether arising from real or personal property, and wht:ther income or capital) for the maintenance of the protected person, and the wife or husband and children of the protected person, and for the education of such children, and in payment of the debts and liabilities of the protected person; (e) To carry on any trade or business theretofore carried on by the protected person, and to carry on the business of any partnership in which the protected person is a partner; (f) In the llame and on behalf of the protected person, to execute and do all such convey- ances, transfers, leases, deeds, assurances, and things as may be necessary for effectuating any of the powers conferred upon him by this Act or by any order of the court. [85E.] (1.) The court, in and by the protection-order Further or from time to time, may, in its discretion- Pd u ow l t e .e s rs m a a n y d (a) Except from the estate to be taken possession be ?onferred of and controlled by the public curator any~ ~ : ~~ ~ ~ d part or parts of the estate of the protected lb. ss. 11 to person, and permit such part or partsto remain 15. in the uncontrolled possession of the protected person, or of the wife or husband or children of the protected person; (b) Direct the sale, mortgage, lease, or other disposition of the whole or any part of the protected estate by the public curator; (c) Where the protected person has, before the making of the protection-order, made provision of any nature, whether regular or casual, fol'

11110 TRUSTEES AND EXECUTORS. P7lblic Curator Act Amendment Act. 15 GEO. V. No. 3, any person wholly or partially dependent on him, whether a relative or not, authorise the public curator to continue such provision out of the protected estate; (d) Give directions to the public curator as to the application of such part of the corpus and income of the protected estate as IS not required for the purposes specifically defined in this Act; (e) Direct the investment of the unapplied corpus or income of the protected estate in such investments as the court from time to time deems proper in the interest of the protected person or of those dependent upon him, and in any such direction shall not be limited to such securities as are authorised for investment of trust-moneys; (j) Confer and impose upon the public curator any further powers and duties in respect of or in relation to the protected estate which it deems necessary or expedient for the realisation. investment, or better management thereof, or for the benefit or advancement in life of the i:hildren of the protected person, or for any other purpose; and in particular, any powers which the court may under any law or practice relating to trustees or to wards of court confer upon trustees or itself exercise. (2.) The court shall have jurisdiction to confer or impose all or any of the aforesaid powers or duties to be exercised or performed generally in respect of the protected estate or part thereof, or upon any special occasion, or in respect of any particular subject-matter. Public [85F.] When a power is vested in any protected e c x u e r r a C t I ? s r e may person in the character of trustee or guar . dian, or the powers. consent of any protected person to the exerCIse of a power pp ve ero s r t s t oe e nc d . tI e nd uisndnueeceesxsearrCyI . sien otfhtehelikpeowchear, raacntderI . ot raapspeaacrshetockt h upe opnubthl l ' C e ~ . Z· 2~ 912, curator to be expedient that the power should be B. 0 22. ' exercised or the consent given, the public curator may, in the name and on behalf of the protected person, exercise the power or give the consent in such manner as he thinks proper.

TRUSTEES AND EXECUTORS. 11111 1924. P1tblic Curator Act Amendment Act. [85G.] The public curator as such manager shall bepublic a E x t e r c u u s to te r e s A fo ct r s, a1l8l 97th t e o 1p9u1rp5o," seosr aonf y * A " c T t h a e m T e r n u d s i t n ee g s or an I . I d I ctlrbuu.rsastte.oer 1 . 7 a . substitution for those Acts. [85H. ] (1.) A protectwn-order shall be deemed to be Protection- aVn. IS.IiOnnsstr 0 ufmte ' ' T nt h p p u R rp e o a r l ti P n r g op t e o rty af A fe c c t t s, la18n6d1 u to n1d8e8r7t,h ', eanpdroa- ° ubenrddreeerrgsi : Rs n teaeayrled memorial thereof may accordingly be entered upon the ~~ ~perty register of any land in respect whereof the protected r~ . :: 25. person is the registered proprietor of any estate or interest under the provisions of those Acts. (2.) The public curator, in the name and on behalf of the protected person, may lodge a caveat in respect of any land under the provisions of thoE'e Acts to or in which the public curator claims that the protected person is entitled or beneficially interested. [85J.] The publi.c curator acting in pursuance and Public eXerCI.Se 0 f any powers or dut· Ies conferred or I.mposed ecxuermatpotr. from upon him by this Part of this Act or by the court shallI?ers.o.nal. not be officially or personally liable in respect of any; ~ as~ ! ~ tl~ r contract or engagement entered into with or any liahilitycontracts. incurred to any person, but the protected estate shall be~ ~ i. 1912, liable in respect of all such contracts, engagements, or No. 26. s. 20. liabilities, and the same may be enforced by proceedings against the public curator. [85K.] (1.) All proceedings under this Part of this .Proceedings Act shall be commenced by an originating summons, ~ ~:: ~t: ~ of which shall remain open for application to be made estate. therein from time to time to the court by the public lb. s. 21. curator, or the protected person, or by any relative of the protected person, or by any person interested in the protected estate. After such notice or service as the court thinks fit to direct, any person may be made party to such pro- ceedings generally or in any particular matter, and the court may grant and enforce against such party in matters relating to the protected person or the protected estate all judgments, orders, and remedies, including injunctIOn and mandamus, as the court might grant and enforce III an action against such party at the suit of the protected person or of the public curator: * 61 Vic. No. 10 and amending Acts, supra, pages 3507 et seq. and 7056. t 25 Vic. No. 14 and amending Acts, supra, pages 2984 et Beq.

11112 TIWSTEES AND EXECFTORS. Public Curator Act Amendment Act. 15 GEO. V. No. 3, Provided that if such party requires that an issue or issues of fact shall be stated and tried by the court as upon the trial of an ordinary action, the court shall direct that an issue or issues of fact be so stated and tried as between the public curator in the name of the protected person and such party. (2.) Upon any application to the court by the public curator after the making of the protection-order, it shall be necessary to serve with notice of such applica- tion only such persons or parties Of any) as the court on such application requires to have notice thereof. (3.) The court may at any time discharge any party made party to the proceedings. Restriction [85L.] (1.) A protected person shall be incapable, opfroptoewcteerds of without the sanction of the public curator, of making person. any transfer, lease, mortgage, or other disposition of such lb. s. 24. part of his estate as is the subject-matter of a protection- order or of any subsequent order, or of entering into any contract except for necessaries; and every such transfer, lease, mortgage, or other disposition and every contract other than for necessaries shall be void. (2.) Nothing in this section shall invalidate any transfer, lease, mortgage, disposition, or contract made or entered into by a protected person for valuable con- sideration if the other party thereto acted in good faith and without notice that a protection-order had been made. Court may [85M.] (1.) The court may direct that any testa- treessttarimcten- mentary disposition by a protected person after thE tary powers making of a protection-order shall be made only after opferpsroont.ected such precautions as the court thinks fit to direct. N N ~ Z . '2169, 1s2. '26. A ny t es t amentary d" Isposltl . On ma d e ot h erwl . se t h ::tn as the court so directs shall be ineffectual for all purposes. (2.) The court may, by such means as it thinks fit, cause inquiries to be made as to the existence of any will or codicil made and executed by the protected person prior to the making of the protection-order (whether such will or codicil was made before or after the first day of January, one thousand nine hundred and twenty-four), and may direct tkat any such will or codicil shall be deposited in the court.

'rRUSTEES AND EXECe'rORS. 11113 1924. Public C1lr-ator Act Amendment Act. If it appears to the court that such will or codicil was made when the person making the same was subject to any of the incapacities defined in section 85B of this Act, the court may inspect such will or codicil, and may cause inquiries to be made, in such manner as to the court seems fit, whether such will or codicil expresses the present desire and intention of the protected person, and, if satisfied to the contrary, may, in any case where such course is possible, cause the present desire and intention of the protected person to be ascertained to its satisfaction, and may authorise the execution by the protected person of a new will disposing of his estate in .accordance with such present desire and intention. (3.) Except as provided in this section, nothing in this Part of this Act shall affect the law relating to testamentary dispositions. [85N.] (1.) All expenses properly incurred by the Expenses of public curator in.respect of the maintenance of the pro- a.dmini~ra. tected person, or the administration of the protected ! ~ : u~ ~ ra­ estate, shall be charged against and payable out of that tion of estate; and, in addition, there shall be payable in respect ~~ ~ ~g2e: ~ . of all moneys forming part of the protected estate, and coming under the control of the public curator, such remuneration by commission or otherwise and such other charges as are prescribed by the regulations. (2.) The expense::;, remuneration, and other charges aforesaid shall be payable out of the estate, although the protected person dies or the protected estate otherwise ,cea,ses to be under the administration of the public curator before payment thereof. [85p.] The court may at any time, on the appli-Rescission cation of the pu blic curator, or on the application of the of,r0tection protected person or of any other person, rescind the ~ ~. e:. . 29. protection-order on proof that the protected person is of sufficient ability to manage his own affairs." 15. In the definition of "Unclaimed moneys" in Amendmenu section one hundred and eight of the Principal Act., the of s. 108. word" unforfeited " is repealed. 16. In section one hundred and nine of the Principal Amendment Act, the word "January" is repealed and the word of s. 109. ." February" is inserted in lieu thereof.

11114 TRUS'l'EES AND EXECUTORS. Public Curator Act Amendment Act. 15 GEO. V. No. 3, 1924. Company cannot forfeit divIdends. 17. After section one hundred and nine of the Principal Act the following section is inserted:- " [109 A. J Notwithstanding anything contained in any Act or law or in any memorandum or articles of associa- tion or deed or other instrument of incorporation of any company, on and after the first day of January, one thousand nine hundred and twenty-four, it shall not be lawful for any company to forfeit any moneys from time to t,ime legally payable and distributable as or by way of dividends, bonuses, or profits of such company." Amendment 18. In the first and second paragraphs of sub- of s. llO. section one of section one hundred and ten of the Principal Act, the word ".January" is repealed and the word " February" is respectively inserted in lieu thereof. The following words are added to the second para- graph of subsection two of the said section, namely: "and such expenses shall be deducted from the respective balances of such moneys in proportion to the respective amounts thereof." • Amendment 19. (1.) All words in the third column of the para- of Sohodule. graph of the Schedule of the Principal Act relating to the amendment of section twelve of *" The Trustees and Executors Act of 1897" are repealed and the fonowing words are substituted:- Subsec. (1) of s. 12 is repealed, and the following subsection is inserted in lieu thereof :- " When an estate or interest of inheritance in any hereditaments corporeal or incorporeal is vested on any trust or by way of mortgage in any person solely, the same shall on his death, notwithstanding any testamentary disposition, devolve to and become vested in the public curator; but the public curator may in his discretion renounce his rIghts and title in favour of the personal representative of the deceased person, and thereupon such estate or interest shall vest in such personal representative, and he shall be deemed ill law to be the heir and assign of the deceased person Wlthm the meanmg of aU trusts and powers expressed in words by virtue of which but for this section the estate or interest would 'Vest in or the power would be- exercisable by his heir or assign." (2.) The said section twelve shall be deemed to have been amended accordingly on the coming into operation of the Principal Act, and to that extent this section shaH have retrospective operation. * ti1 Vie. No. 10, suPra, ~ ge .: ~ 507.