(k) Above, p. 223.

(l) Stat. 22 & 23 Vict. c. 35, passed 13th August, 1859.

(m) Sect. 14. The powers thus conferred extend to all persons in whom the estate devised shall for the time being be vested by survivorship, descent, or devise, and to any persons appointed to succeed to the trusteeship, either under any power in the will, or by the Court; sect. 15.

(n) Sect. 16. Bach power shall from time to time devolve to the person or persons (if any) in whom the executorship shall for the time being be vested.

(o) Sect. 17.

(p) Sect. 18. See Re Wilson, 2 Times L. R. 443; 34 W. R. 512.

(v) Above, pp. 223, 224.

(r) Corser v. Cartwright, L. R. 7 H. L. 731, 737. The decision in this case was followed in lie Henson . 1908, 2 Ch. 356. Above, p. 223.

(t) Wms. Real Prop. 223, 13th ed.; 261, 21st ed.

15 (2)

An administrator of an intestate person's effects of course had no interest in his real estate; and an administrator cum testamento annexo acquired no interest in any real estate devised to the executors of the will, and could not exercise any power which the testator had either expressly or impliedly (y) given to his executors with respect to his real estate (z). Nor can an administrator cum testamento annexo exercise the powers given to executors by Lord St. Leonards' Act to sell or mortgage the testator's real estate to pay debts or legacies (a).

Administrators.

By the Land Transfer Act, 1897 (b), where real estate is vested in any person without a right in any other person to take by survivorship, it shall, on his death after that year (c), notwithstanding any testamentary disposition, devolve to and become vested in his personal representatives or representative from time to time as if it were a chattel real vesting in them or him. This enactment applies to any real estate over which a person executes by will a general power of appointment, as if it were real estate vested in him (d). But the expression "real estate" does not here include land of copyhold tenure or customary freehold in any case in which an admission or any act by the lord of the manor is necessary to perfect the title of a purchaser from the customary tenant (e). Probate and letters of administration may be granted in respect of real estate only, although there is no personal estate (f).

The Land Transfer Act, 1897.

(u) 2 Dart, V. & P. 618-621, 5th ed.; 697-700, 6th ed.; 639-642, 7th ed.

(x) Re Tanqueray- Willaume and Landau, 20 Ch. D. 465. This rule is not applicable in the case of an executor selling leaseholds: and the purchaser is entitled, unless he have actual notice that no debts remain unpaid, to presume that such a sale is rightly-made although more than twenty-years have elapsed since the testator's death; Re Whistler, 35 Ch. D. 561; Re Venn and Furze's Contract, 1894, 2 Ch. 101; Re Verrell's Contract, 1903, 1 Ch. 65.

(y) Above, pp. 225, 226.

(z) T. B. 15 Hen. VII. fos. 11, 12, pl. 22, translated Sug. Pow. 893, 895, 8th ed.

(a) Re Clay and Tetley, 16 Ch. D. 3; above, p. 226.

(b) Stat. 60 & 61 Vict. c. 65, s. 1 (1).

(e) Sects. 1 (5), 25.

Subject to the powers, rights, duties, and liabilities hereinafter mentioned, the personal representatives of a deceased person shall hold the real estate as trustees for the persons by law beneficially entitled thereto, and those persons shall have the same power of requiring a transfer of real estate as persons beneficially entitled to personal estate have of requiring a transfer of such personal estate (g). All enactments and rules of law relating to the effect of probate or letters of administration as respects chattels real, and as respects the dealing with chattels real before probate or administration, and as respects the payment of costs of administration, and other matters in relation to the administration of personal estate and the powers, rights, duties, and liabilities of personal representatives in respect of personal estate, shall apply to real estate so far as the same are applicable, as if that real estate were a chattel real vesting in them or him (h), save that it shall not be lawful for some or one only of several joint personal representatives, without the authority of the Court, to sell or transfer real estate (i). In the administration of the assets of a person dying after the year 1897, his real estate shall be administered in the same manner, subject to the same liabilities for debt, costs, and expenses, and with the same incidents, as if it were personal estate; provided that nothing in the Act contained shall alter or affect the order in which real and personal assets respectively are now applicable in or towards the payment of funeral and testamentary expenses, debts, or legacies, or the liability of real estate to be charged with the payment of legacies (k).

Personal representative trustee for the heir.

Powers of personal repre-Miitatives over real estate.

(d) Sect. 1 (2).

(e) Sect. 1 (4).

(f) Sect, 1 (3). Where a person dies possessed of real estate, the Court shall in granting letters of administration, have regard to the rights and interests of persons interested in his real estate, and his heir at law, if not one of the next of kin, shall be equally entitled to the grant with the next of kin; sect. 2 (4).

(g) Sect. 2 (1).

(h) Sic.

Liability of real estate to deceased owner's debts.

At any time after the death of the owner of any land, his personal representatives may assent to any devise contained in his will, or may convey the land to any person entitled thereto as heir, devisee or otherwise, and may make the assent or conveyance, either subject to a charge for the payment of any money which the personal representatives are liable to pay, or without any such charge; and on such assent or conveyance, subject to a charge for all moneys (if any) which the personal representatives are liable to pay, all liabilities of the personal representatives in respect of the land shall cease, except as to any acts done or contracts entered into by them before such assent or conveyance (/). And at any time after the expiration of one year from the death of the owner of any land, if his personal representatives have failed on the request of the person entitled to the land to convey the land to that person, the Court may, if it thinks fit, on the application of that person, and after notice to the personal representatives, order that the conveyance be made, or in the case of registered land, that the person so entitled be registered as proprietor of the land either solely or jointly with the personal representatives (m).