Real Estate Charges Amendment Act 1871 (WA)

WESTERN AUSTRALIA.

ANNO TRICESIMO QUARTO

VICTORIA, 111-4,GINIE.

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No. I.

AN ACT further to amend the Law relating to the

Administration of the Estates of deceased persons.

[2nd January, 1871.]

HEREAS.by No. 8 of the Ordinances passed in the thirty- teenth and eighteenth years of the aforesaid reign was adopted and applied in the administration of Justice in this Colony; And whereas by the said Act, intituled An Act to amend the Laws relating to the

first year of the reign of Her present Majesty Queen Vic- Preamble.

W

tmia an Act passed in the session of Parliament held in the seven-

Administration of the Estates of deceased persons, it is enacted, among

other things, when any person shall, after the 31st day of December, 1854, die seized of or entitled to any estate or interest in any land or other hereditaments which shall at the time of his death be charged with the payment of any sum or sums of money by way of mortgage, 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 hereditaments shall descend or be devised shall not be entitled to have the mortgage debt discharged

34° VICTORIIE, No. 1.

Administration of Estates of Deceased Persons.

or satisfied out of the personal estate or any other real estate of such person, but the land or hereditaments so charged shall, as between the different persons claiming through or under the deceased person, be primarily liable to the payment of all mortgage debts with which the same shall be charged, every part thereof, according to its value, bearing a proportionate part of the mortgage debts charged on the whole thereof; And whereas doubts may exist upon the construction of the said Act, and it is expedient that such doubts should for the future be removed: Be it therefore enacted by His Excellency the Governor of -Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:-

In construing wills, general 1 IN the construction of the will of any person who may die

direction for payment of	after the passing of this Act, a general direction that the debts
debts out of personalty not
to include mortgage debts,	or that all the debts of the testator shall be paid out of his personal
unless such intention clearly	estate shall not be deemed to be a declaration of an intention con-
implied.	trary to or other than the rule established by the said Act, unless such contrary or other intention shall be further declared by words ex- pressly, or by necessary implication, referring to all or some of the testator's debts or debt charged by way of mortgage on any part of his real estate.

2   IN the construction of the said Act, and of this Act, the word

Interpretation	nterpretati	on	of	the	word
wor

" mortgage." " mortgage " shall be deemed to extend to any lien for unpaid pur-

chase money upon any lands or hereditaments purchased by a testa-

tor.

PERTH:

By Authority : RICHARD PETHER, Government Printer.