In Manitoba, Saskatchewan, Alberta, and the Northwest Territories, land, upon the death of the owner, passes to his personal representative (c).

Provision is made by the Real Property Act of Manitoba and the Land Titles Acts of Saskatchewan, Alberta, the Northwest Territories and Ontario for the registration, on his own application, of the person entitled by transmission to any land, mortgage or encumbrance (land or charge in the case of Ontario).

The Manitoba Real Property Act provides that if the applicant becomes registered as the owner of any land, mortgage or encumbrance as executor or administrator of a deceased person he shall thereupon, in case of mortgage or encumbrance, be invested with all the rights and powers which the deceased owner was possessed of (d), and that every certificate of title issued to an executor or administrator or trustee under a will . . . shall describe the owner as such executor, administrator or trustee, and the will shall be deemed to be embodied in and to form part of the certificate of title; and the executor, administrator or trustee shall, when so described, hold the land in respect of which he is registered upon the trusts and for the purposes to which the same is subject by law, and, before registering any dealing with the land, the district registrar shall satisfy himself that such dealing is in accordance with such trusts or purposes (e).

(a) See chapter 19, Discharge or Reconveyance, Sec. 186.

(b) Archer v. Severn, 1886, 12 O.R. 615, 14 O.A.R. 723.

(c) R.S.M. 1913, c. 54, s. 21; R.S.S. 1909, c. 43, s. 21, Sask. statutes, 1917 (2nd sess.), c. 18, s. 140; Alta. statutes, 1906, c. 19, s. 2; R.S.C. 1906, c. 110, s. 5. See Thorn, The Canadian Torrens System, pp. 249 ff. for a discussion of the subject of transmission.

(d) R.S.M. 1913, c. 171, s. 128.

In Saskatchewan, Alberta and the Northwest Territories it is provided that upon the registration of the application and the documents authorizing the executor or administrator to administer the estate of the deceased owner the executor or administrator shall be deemed to be the owner of the land, mortgage or encumbrance, as the case may be (f), and it is further provided in Alberta and the Northwest Territor-ities that any person registered in place of a deceased owner shall hold the land in respect of which he is registered upon the trusts and for the purposes to which the same is applicable by this Act or by law and subject to any trusts and equities upon which the deceased owner held the same; but for the purpose of any registered dealings with such land he shall be deemed to be the absolute and beneficial owner thereof (fir).

In Saskatchewan a provision similar to that just quoted was-formerly in force, but it is now provided in that province as follows:

(1) For the purpose of registered dealing the person to whom land of a deceased owner has been transmitted shall, subject to the next following subsection, be considered the absolute owner thereof, but he shall nevertheless hold the land upon the trusts and subject to any equitable claims with which it was affected before transmission.

(2) The registrar shall not register any transfer, mortgage or other instrument executed by the executor or administrator except an application for transmission or a caveat or a discharge of mortgage, unless:

(a) A certificate of the official guardian.made subsequent to the date of grant of letters probate or administration, or of resealing thereof, that he has satisfied himself that there are no infants interested in the estate of the deceased owner, has been filed with the registrar; or

(e) R.S.M. 1913, c. 171, s. 76.

(f) Sask. statutes, 1917 (2nd sess.), c. 18, ss. 141, 142; Alta. statutes, 1906, c. 24, ss.-74, 75; R.S.C. 1906, c. 110, ss. 115, 120.

(g) Alta. statutes, 1906, c. 24, s. 76; R.S.C. 1906, c. 110, s. 121.

(b) The instrument to be registered is accompanied by the consent of the official guardian to the proposed dealing; or or mortgage executed by the registered owner unless the instrument is accompanied by the certificate or consent of the official guardian or the order of a judge, but in other respects the registrar, as in Alberta and the Northwest Territories, is under no responsibility as to the right of the registered owner to make the transfer or mortgage.

(c) The instrument to be registered is accompanied by an order of a judge of a court of competent jurisdiction, authorizing the the proposed dealing (h).

In Ontario it is provided that any person registered in the place of a deceased owner shall hold the land or charge in respect of which he is registered, upon the trusts and for the purposes to which the same is applicable by law and subject to any unregistered estates, rights, interests, or equities subject to which the deceased owner held the same; but otherwise in all respects, and in particular as respects any registered dealings with such land or charge, he shall be in the same position as if he had taken such land or charge under a transfer for a valuable consideration (i).

It will be observed that all the statutes referred to are similar in effect as regards the relations between the personal representative or trustee in whose name the land or mortgage is registered and the persons beneficially entitled, but as regards dealings between the registered owner and third parties there are fundamental differences. .

In Alberta and the Northwest Territories no duty is cast upon the registrar of satisfying himself that the registered owner in making a transfer or mortgage of the deceased owner 's interest is acting in accordance with the trusts, and a purchaser or mortgagee taking in good faith from the registered owner will obtain a good title upon registration even though the registered owner is guilty of a breach of trust. In Saskatchewan also the purchaser or mortgagee from the registered owner will obtain a good title in similar circumstances upon registration. The beneficiaries of the estate of the deceased owner are to some extent protected by the provision of the statute prohibiting the registrar from registering a transfer

(h) Sask. statutes, 1917 (2nd sess.) c. 18, s. 146. (i) R.S.O. 1914, c. 126, s. 59.

In Manitoba, on the other hand, if a person applies to be registered as owner in his capacity of executor, administrator or trustee under a will, he is described as such in the certificate of title, and no instrument executed by him can be registered until the registrar satisfies himself that it is in accordance with the trusts or purposes upon or for which the registered owner holds the land. The right of the registered owner to make a transfer or mortgage, and the duty of the registrar in deciding whether an instrument should be registered, are therefore governed by the ordinary principles of law relating to executors, administrators and trustees (j).

The provisions of the Ontario statute above quoted are not so specific as those of the Manitoba statute, but according to the practice actually followed in Ontario, the result is in some respects similar. A person who applies to be registered as owner in his capacity of executor or administrator is so described on the register, and a transfer or mortgage made by him cannot be registered until the master of titles is satisfied that such executor or administrator has power, either by the terms of the will or under the Devolution of Estates Act or other statutory authority, to transfer or to mortgage for the purpose proposed.

(j) Cf. Thorn, The Canadian Torrens System, pp. 252, 253. In the case of Manitoba, as in the case of the other provinces, the general rule is that no memorandum or entry of any notice of trusts shall be made upon the register. See the statutory provisions referred to in chapter 10, The Land Titles Acts, Sec. 97. The treatment in Manitoba of trusts arising under a will is therefore exceptional.