C.C.S.M. c. T160
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| 1
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| Definitions
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| APPLICATION OF ACT
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| 2
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| Application
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| 3
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| Statute to be supplementary
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| 4
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| Act not to vary instrument
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| JURISDICTION OF THE COURT
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| 5
| (1)
| Persons entitled to apply
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| (2)
| In case of mortgaged land
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| (3)
| Notice of
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| (4)
| Power on hearing
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| DEVOLUTION OF POWERS OF TRUSTEES
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| 6
| (1)
| Power devolves on survivor
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| (2)
| Survivor may exercise
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| (3)
| Renouncing executor not included
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| (4)
| Executor of an executor not included
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| RETIREMENT OF TRUSTEE WITHOUT NEW APPOINTMENT
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| 7
| (1)
| Retirement of trustee
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| (2)
| Assurance given
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| (3)
| Application
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| APPOINTMENT OF NEW TRUSTEES
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| 8
| (1)
| Appointment of new trustees
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| (2)
| Cases when appointment may be made
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| (3)
| Persons who may appoint trustees
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| (4)
| When additional trustees appointed
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| (5)
| When trustee may be removed
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| (6)
| Application of section
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| (7)
| Mentally incompetent trustee
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| (8)
| Application
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| APPOINTMENT OF NEW TRUSTEES BY THE COURT
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| 9
| (1)
| Power of court to appoint
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| (2)
| Removal
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| (3)
| Order operates as an instrument
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| (4)
| Directions
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| (5)
| Security
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| SUPPLEMENTAL PROVISIONS AS TO APPOINTMENT OF NEW TRUSTEE
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| 10
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| Powers of appointment of trustees
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| POWERS VESTED IN NEW TRUSTEES
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| 11
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| Power of appointee
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| EVIDENCE AS TO VACANCY IN TRUST
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| 12
| (1)
| Statement to be relied on
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| (2)
| As to a purchaser
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| VESTING INSTRUMENTS
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| 13
| (1)
| Instrument of appointment vests property
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| (2)
| On retirement the same result
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| (3)
| Vesting declaration valid
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| (4)
| Exceptions to application of section
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| (5)
| "Lease" defined
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| (6)
| For registration
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| VESTING ORDERS AND ORDERS RELEASING CONTINGENT INTERESTS
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| 14
| (1)
| Vesting orders
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| (2)
| Shares in ships
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| 15
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| Contingent rights of unborn persons
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| 16
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| Vesting order in lieu of conveyance by infant
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| 17
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| On an order for sale or mortgage
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| 18
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| On judgment for specific performance
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| 19
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| Effect of vesting order
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| 20
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| Person to convey
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| 21
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| Orders conclusive evidence
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| 22
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| Vesting order as to chose in action
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| TRUSTEES FOR CHARITIES
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| 23
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| Exercise of powers for charities
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| 24
| (1)
| Power to order sale
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| (2)
| Notice
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| POWERS AND DUTIES OF TRUSTEES POWER OF SALE
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| 25
| (1)
| Power to sell by auction, etc.
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| (2)
| Powers implied in a power to sell
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| (3)
| Certain transactions deemed mining leases
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| (4)
| Sales with deferred payments
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| (5)
| Trustees position under subsec. (4)
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| 26
| (1)
| Sale subject to depreciatory condition
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| (2)
| As against purchaser
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| (3)
| Title good
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| LEASES, OPTIONS.
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| 27
| (1)
| Leases by trustee under power of sale
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| (2)
| Leases by other trustees
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| (3)
| Premiums as capital
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| (4)
| Disposal of rent under mining leases
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| 28
| (1)
| Grant of options under trust for sale
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| (2)
| Option to purchase reversion under a lease
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| (3)
| Option to renew a lease
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| (4)
| Term of other options
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| (5)
| Consideration as capital
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| 29
| (1)
| Power of trustee during infancy of beneficiary
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| (2)
| Matters to be considered
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| (3)
| Where more than one fund
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| (4)
| Investment and application of residue
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| (5)
| Disposal of accumulations on vesting of trust funds
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| (6)
| Where subsec. (5) does not apply
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| (7)
| Application to contingent interests
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| (8)
| Rate of interest
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| (9)
| Application to vested annuities
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| (10)
| Where section not applicable
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| 30
| (1)
| Power of court re: application of capital
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| (2)
| Power where interest may be defeated
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| (3)
| Limitation on order
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| (4)
| Power to raise funds
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| 31
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| Payment to parent in alternative
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| 32
| (1)
| Payment of liabilities from capital
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| (2)
| Power of court to vary
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| (3)
| Rights of other persons
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| 33
| (1)
| Power to postpone sale or conversion
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| (2)
| Certain limitations not applicable
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| (3)
| Protection of trustee
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| (4)
| Limitation on powers
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| POWERS OF MARRIED WOMAN AS TRUSTEE
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| 34
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| Married woman trustee
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| EMPLOYMENT OF AGENTS
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| 35
| (1)
| Appointment of agents
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| (2)
| Power of agents outside Manitoba
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| (3)
| Deed endorsed with receipt authorizes agent
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| (4)
| No breach of trust
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| (5)
| Agent with receipted insurance policy
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| (6)
| Sufficiency of receipt
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| (7)
| Application of subsection (6)
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| APPOINTMENT OF ATTORNEY BY TRUSTEE INTENDING TO BE ABSENT
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| 36
| (1)
| Delegation of powers during absence
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| (2)
| Liability for default
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| (3)
| In force while absent
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| (4)
| Attestation of instrument
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| (5)
| Verification of instrument
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| (6)
| Statutory declaration
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| (7)
| Persons without notice protected
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| (8)
| Power of donee
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| (9)
| Notice of trust does not affect certain persons
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| INSURANCE
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| 37
| (1)
| Trustee may insure
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| (2)
| But not property to be conveyed
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| RENEWAL OF LEASES
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| 38
| (1)
| Renewing of leases
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| (2)
| Raising money for the purpose
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| RECEIPTS
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| 39
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| Give receipts
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| POWER TO COMPROMISE DEBTS
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| 40
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| Compound liabilities
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| DISTRIBUTION OF ESTATE AFTER NOTICE
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| 41
| (1)
| Distribution of estate on notice to creditors
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| (2)
| Creditor following proceeds
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| (3)
| Saving
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| (4)
| Mortgagees or unpaid vendors within section
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| (5)
| Form of notice
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| (6)
| Publication
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| (7)
| Claim not affected by Limitation of Actions Act
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| (8)
| When claim of deceased person not barred
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| POWERS AND DUTIES OF PERSONAL REPRESENTATIVES POWER OF ADMINISTRATOR WITH WILL ANNEXED
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| 42
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| Administrator with will annexed same power as executor
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| EXECUTION OF POWERS
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| 43
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| Executor may sell or lease
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| 44
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| Administrator with will annexed may sell
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| CONTRACT OF DECEASED
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| 45
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| Conveyance by personal representative pursuant to contract
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| ADMINISTRATOR'S POWER TO MORTGAGE
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| 46
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| Power of administrator to mortgage
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| POWER OF SURVIVING SPOUSE TO CARRY ON OPERATIONS
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| 47
| (1)
| Carrying on business
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| (2)
| Accounting
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| RESIDUE OF ESTATE
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| 48
| (1)
| Executor trustee of residue
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| (2)
| Where no one entitled
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| RESPECTING DEBTS AGAINST ESTATE
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| 49
| (1)
| Protection against liability of rents and covenants
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| (2)
| Following assets saved
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| (3)
| Definitions of "lease", "grant", "lessee", "grantee"
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| 50
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| Exercise of general power
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| 51
| (1)
| Power to pay debts
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| (2)
| Proceedings on notice of disputing claim
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| PAYMENT OF DEBTS AND LEGACIES
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| 52
| (1)
| Power to raise money to pay charge
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| (2)
| Power vested in survivor
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| (3)
| Where not sufficient devise
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| (4)
| Limitation
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| (5)
| Purchaser's position
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| (6)
| Saving
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| ACTIONS BY AND AGAINST PERSONAL REPRESENTATIVES
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| (1)
| Actions by and against legal representatives
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| (2)
| Limitation
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| (3)
| Claim for loss of guidance not continued
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| (4)
| Charge on estate
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| (5)
| Rights
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| 54
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| Action of account
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| 55
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| Executors of executors
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| 56
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| Waste
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| 57
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| Duties acting under powers
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| SPECIAL POWERS OF COURT
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| DEALINGS WITH TRUST PROPERTY
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| 58
| (1)
| Orders as to dealing with property
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| (2)
| Rescind order
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| (3)
| Application to court
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| (4)
| Effect on section 59
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| VARIATION OF TRUSTS
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| 59
| (1)
| Definition
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| (2)
| Restriction on variation of trust
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| (3)
| Application of section to particular problems
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| (4)
| Manner of giving approval
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| (5)
| Court may consent on behalf of beneficiary
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| (6)
| Consent of beneficiaries
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| (7)
| Criteria for approval
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| (8)
| Meaning of "benefit" in cl. (7)(a)
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| (9)
| Restriction on exercise of power of appointment
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| (10)
| Arrangement for holding under trust during incapacity
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| (11)
| Effective date of arrangement
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| (12)
| Effect on sec. 58
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| CONVEYANCE OF LANDS SOLD FOR DEBTS
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| 60
| (1)
| Conveyance by infants under court order to pay debts
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| (2)
| Validity
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| (3)
| Descent of surplus
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| 61
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| Persons with life estates to convey to pay debts
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| COSTS
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| 62
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| Costs out of estate
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| DEFICIENCY OF ASSETS
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| 63
| (1)
| Creditor to rank pari passu
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| (2)
| Overpayment to creditor
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| (3)
| Relief from personal liability
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| 64
| (1)
| Creditors to value security
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| (2)
| Claim based on negotiable instrument
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| 65
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| Creditor to assign security
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| 66
| (1)
| Failure to value
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| (2)
| Barring claim on default
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| (3)
| Court to act
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| 67
| (1)
| Act may be pleaded
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| (2)
| Order need not be made
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| TRUSTEE INVESTMENTS
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| 68
| (1)
| Authority of trustee to invest
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| (2)
| Standard of care
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| 69
| (1)
| Corporation offerings
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| (2)
| Consent to exercise of power
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| 70
| (1)
| Deposit of trust moneys
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| (2)
| Deposits
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| 71
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| Investment to be in trustee's name
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| 72
| (1)
| Instrument creating trust
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| (2)
| Trust instrument to govern
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| 73
| (1)
| Changing investments by trustee
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| (2)
| Limitation of liability
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| (3)
| Excess investments
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| 74
| (1)
| Concurrence in compromise
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| (2)
| Limitation on liability
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| (3)
| Retention of securities acquired under subsec. (1)
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| 75
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| Duty of trustee to take care
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| COMMON TRUST FUNDS
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| 76
| (1)
| Definitions
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| (2)
| Common trust funds authorized
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| (3)
| Investment by other trustees
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| (4)
| Regulations
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| (5)
| Passing of accounts in court
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| (5.1)
| Interested person may apply to court
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| (5.2)
| Limit on frequency of passing accounts
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| (6)
| Repealed
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| (7)
| Accounting only required under this section
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| (8)
| Notice of time and place for passing accounts
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| (9)
| Form of account
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| (10)
| Appearance and expenses of interested person
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| (11)
| Effect of passing accounts
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| (12)
| Costs to be charged to common trust fund
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| PROTECTION AND INDEMNITY
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| 77
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| Act protects anything done under it
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| 78
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| Trustee not answerable
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| 79
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| Defence based on investment policy
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| 79.1
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| Use of non-financial criteria
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| BREACH AT INSTIGATION OF BENEFICIARY
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| 80
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| Court may indemnify
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| TECHNICAL BREACHES OF TRUST
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| 81
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| Court may relieve if bona fides shown
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| 82
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| Protection against invalid grant
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| EFFECT OF REVOCATION OF AN ERRONEOUS GRANT
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| 83
| (1)
| Validity of acts before revocation
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| (1.1)
| Interpretation: "statutory limitation"
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| (2)
| Expenses allowed
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| (3)
| Fraud excepted
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| SUMMARY APPLICATION TO COURT FOR ADVICE
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| 84
| (1)
| Application for advice
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| (2)
| Indemnified acting on advice
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| TRUSTEES' ACCOUNTS
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| 85
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| Audit of accounts
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| PASSING OF ACCOUNTS
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| 86
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| When trustee to file accounts
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| 87
| (1)
| Judge and court may pass accounts
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| (2)
| Order by judge in chambers
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| (3)
| Notice of motion
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| (4)
| Service of notice
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| (5)
| Abridgement of notice
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| (6)
| Infants
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| (7)
| Involved accounts
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| (8)
| Selection of accountant by court
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| (9)
| Rules applicable
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| (10)
| Appeal
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| (11)
| Order binding
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| 88
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| Power of court to order accounts
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| PAYMENT INTO COURT
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| 89
| (1)
| Payment into court
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| (2)
| Receipt
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| (3)
| Order for payment in
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| (4)
| Order for delivery
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| (5)
| Validity of order
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| (6)
| Subject to court order
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| ALLOWANCES TO TRUSTEES AND PERSONAL REPRESENTATIVES
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| 90
| (1)
| Allowances
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| (2)
| Settlement
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| (3)
| Allowance by court
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| (4)
| Solicitor trustee
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| (5)
| Agreement void
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| CHARITABLE AND NON-CHARITABLE TRUSTS
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| 91
| (1)
| Charitable trusts not affected by invalid non-charitable trusts
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| (2)
| Effect of valid charitable and non-charitable trusts
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