An assignment of leaseholds, or any other chattel interest in real estate, by one of several executors or administrators, is valid (q): so, also, is an assignment by an executor who dies before probate; but the will must eventually be proved; as the probate copy is the only evidence of the appointment of the executor (r): but an assignment by a person assuming to act as administrator, and who subsequently obtains letters of administration, is void (s).

By the Lands Clauses Consolidation Act, if, upon the deposit in the Bank of the purchase money or compensation agreed or awarded to be paid in respect of lands purchased or taken by the promoters of the undertaking, the owners or statutory owners fail to convey the land upon request, the promoters are authorized to execute a deed-poll, which will have all the effect of a conveyance by the owners or statutory owners (t): similar powers are also conferred upon the promoters of the undertaking, in the several events of the owners (u) refusing to convey, or failing to make a title, or not being discoverable (w).

Married woman may by acknowledged deed convey contingent interests, and may disclaim.

As to assignment of Terms for years by Executors or Administrators.

Power for promoters of Public undertakings in certain cases to con -vey to themselves upon the refusal or default of the owners.

(n) Ex parte Gilmore, 3 C. B. 967; and see In re Smith, 16 L. J., N. S.,C. P. 168.

(o) Ex parte Taylor, 7 C. B. 1. Of course the order was applied for as a means of avoiding the necessity of proving the death as a matter of title, and it was eventually made, on further evidence.

(p) See sections 6 and 7 of the Act.

(q) Simpson v. Gutteridge, 1 Madd. 609.

(r) Brazier v. Hudson, 8 Sim. 67.

(s) Wms, on Executors, 3rd ed. 312.

Where a trustee of an outstanding legal estate refuses in a plain case to convey at the request of a party entitled to a conveyance, he will, if a bill be filed against him, be fixed with costs (x); and where a party has accepted a trust, he cannot, it is conceived, justify his refusal to convey on the ground that no estate is in fact vested in him. A trustee, however, when required to convey the estate on the ground of the trusts having terminated, is entitled to clear and satisfactory evidence of such being the fact (y). And he cannot be required from time to time to divest himself of different parcels of the trust estate, or to convey by other words and descriptions than those by which the conveyance was made to himself (z), and the same is the rule in the case of a mortgagee (r).

And a mortgagee cannot be compelled to reconvey before the time fixed for redemption, although he be tendered his principal with interest up to that time («).

Where a dormant assignee in bankruptcy had not been consulted as to the sale of part of the estate, and had reasonable cause to doubt whether it would be beneficial, it was held, that he could not be compelled to execute the conveyance, without a previous reference as to the propriety of the sale (b).

Trustee bound to convey at request of cestui que trust.

But only by the description under which he himself took the estate.

Mortgagee not bound to convey before time fixed for redemption.

Assignee in

Bankruptey not consulted as to sale, held entitled to a reference as to its propriety.

(t) See sect. 75.

(u) Quaere whether this includes Statutory owners. See Frend and Ware's Rail. Conv. 83, n.

(w) See sects. 76, 77. See, on the construction of a clause in a private Act, similar to the 76th section, Doe v. Manchester, Bury, and Rossendale Railway Company, 9 Jur. 949.

(x) Willis v. Hiscox, 4 Myl. & Cr.

197; Hampshire v. Bradley, 2 Coll. 31.

(y) Holford v. Phipps, 3 Beav. 434.

(z) Goodson v. Ellisson, 3 Russ. 594.

(a) Brown v. Cole, 14 Sim. 427.

(b) Ex parte Underhill, 3 Mon. & A. 660.

In many cases a conveyance of the legal estate, which could not otherwise have been procured without suit, might, prior to the 1st November, 1850, have been obtained under the provisions of the 1 Will. IV. c. 60, (commonly known as Sir E. Sugden's Act), the 4 & 5 Will. IV. c. 23, and the 1 & 2 Vict. c. 69. These Acts (c) have been repealed, and their principal provisions have been re-enacted, along with considerable additions, by the 13 & 14 Vict. c. 60, (cited as the Trustee Act, 1850). By this Act (d), the Lord Chancellor sitting in lunacy (as respects matters within that jurisdiction), the Court of Chancery, and the local Courts of Lancaster and Durham (as respects lands within the palatinate jurisdictions (e),) are respectively enabled in the several cases of;

A lunatic, or person of unsound mind, or infant, being seised or possessed of any land upon any trust or by way of mortgage (f), or entitled to any contingent right in any lands upon any trust, or by way of mortgage (g);

Or of any person, solely or jointly with any other person or persons, seised or possessed of any lands upon any trust, or entitled to a contingent right in any lands upon any trust, being out of the jurisdiction, or not to be found (h);

Or of its being uncertain which of several persons jointly seised or possessed of any lands upon any trust, was the survivor (i);

Or, (where one or more person or persons shall have been seised or possessed of any lands upon any trust,) of its not being known whether the trustee last known to have been seised or possessed be living or dead (k);

Conveyance of legal estates from trustees, etc. formerly procurable under 1 Will. IV. c. 60; repealed by " the Trustee Act, 1850."

Under which the Court may, in the several cases of a Lunatic or Infant being a trustee or mortgagee; or of a trustee being out of juria-diction or not to be found; or of its being uncertain which of several trustees was the survivor; or of its being uncertain whether last trustee be living or dead;