Real Estate Charges Amendment Act 1879 (WA)

WESTERN AUSTRALIA

ANNO QUADRAGESIMO TERT/O

VICTORTN, REGINA

No. 11

An Act to declare the application of the Acts relating to

the Administration of the Estates of Deceased Persons.

[Assented to 2nd September, 1879.

BE it enacted by His Excellency the Governor of Western Australia 40 & 41 Vie., and its Dependencies, by and with the advice and consent of e.34

the Legislative Council thereof, as follows :—

43 VICTORLE. No. 11

Estates of Deceased Persons

Application of

1. The Acts mentioned in the schedule hereto shall, as to any testator or intestate dying after the first day of January, 1880, be held to extend to a testator or intestate dying seised or possessed of or en- titled to any land or other hereditaments of whatever tenure, which shall at the time of his death be charged with the payment of any sum or sums of money. by way of mortgage or any other equitable charge, including any lien for unpaid purchase money ; and the devisee or legatee or heir shall not be entitled to have such sum or sums discharged or satisfied out of any other estate of the testator or intestate, unleSs (in the case of a testator) he shall, within the meaning of the said Acts, have signified a contrary intention ; and such contrary intention shall not be deemed to be signified by a charge of or direction for payment of debts upon or out of residuary real and personal estate or residuary real estate.

Acts in schedule

H. Sm. GEORGE ORD,

GOVERNOR.

SCHEDULE

17 and 18 Vie., c. 113, as An Act to amend the Law relating to

adopted by Act 31 Vic., No.	the Administration of the Estates
8.	of Deceased Persons.

34 Vic No 1 An Act further to amend the Law re- lating to the Administration of the Estates of Deceased Persons