Sect. 36 of the A. E. Act, 1925, contains important provisions concerning assents by a personal representative. By sub-s. (5) any person in whose favour an assent or conveyance of a legal estate is made by a personal representative may require notice of the same to be) endorsed on the probate or letters of administration. A statement in writing by a personal representative that he has not given an assent or made a conveyance is, in favour of a purchaser (but without prejudice to any previous disposition in favour of another purchaser), to be sufficient evidence that an assent or conveyance has not been given or made, unless notice of a previous assent or conveyance affecting the estate has been placed on or annexed to the probate or administration. And a conveyance by a personal representative of a legal estate to a purchaser accepted on the faith of such a statement is (without prejudice as aforesaid) to operate to transfer the legal estate as if no previous assent or conveyance had been made (sub-s. (6)). By sub-s. (7), an assent or conveyance by a personal representative is, in favour of a purchaser (unless notice of a previous assent or conveyance affecting the same has been placed on or annexed to the probate or administration), to be taken as sufficient evidence that the person in whose favour the assent or conveyance is given or made is the person entitled to have the legal estate conveyed to him. And a conveyance by a personal representative to a purchaser is not to be invalidated by the purchaser having notice that the debts, funeral and testamentary expenses and legacies have been paid or provided for (sub-s. (8)).

Assents.

(o) See the general definition clause, s. 55 (1) (xi).

(p) Re Cohen's Executors and the L. C. C, 1902, 1 Ch. 187.

Sect. 110 (3) of the S. L. Act, 1925, provides that the purchaser of a legal estate in settled land from a personal representative shall be entitled to assume - (a) if the capital money payable in respect of the transaction is paid to the personal representative, that such representative is acting under his statutory or other powers, and requires the money for purposes of administration; (b) if the capital money is, by direction of the personal representative, paid to persons who are stated to be the trustees of a settlement, that such persons are the duly constituted trustees of the settlement for the purposes of the S. L. Act, 1925, and that the personal representative is acting under his statutory powers during a minority; (c) in any other case that the personal representative is acting under his statutory or other powers.

Purchaser's assumptions on buying settled land from personal representatives.

As regards trustees, it is provided by s. 23 of the L. P. Act, 1925, that where land has become subject to an express or implied trust for sale, such trust shall, so far as regards the safety and protection of any purchaser thereunder, be deemed to be subsisting until the land has been conveyed to or under the direction of the persons interested in the proceeds of sale. Under this provision a purchaser will be protected notwithstanding that he has notice that the beneficial interests have become absolutely vested in persons sui juris, and he will not be concerned with any question as to whether the beneficiaries have elected to take the property as land (q).

Trusts for sale, continuance of:

Sect. 26 (1) provides that if by the instrument the consent of more than two persons is made requisite to the execution of a trust for sale of land, then, in favour of a purchaser, the consent of any two of such persons to the execution of the trust, or to the exercise of any powers vested in the trustees, shall be deemed sufficient. By sub-s. (2), where the person whose consent to the execution of any such trust or power is expressed to be required is under a disability, his consent is not, in favour of a purchaser, to be deemed requisite to the execution of the trust or power; but the trustees must obtain the separate consent of the parent or guardian of an infant, or of the committee or receiver of a lunatic. Sub-s. (3) (qq) provides that trustees for sale shall, so far as practicable, consult the persons of full age for the time being beneficially interested in the rents and profits of the land until sale, and shall, so far as consistent with the general interest of the trust, give effect to the wishes of such persons, or, in the case of dispute, of the majority (according to the value of their combined interests) of such persons, but a purchaser is not to be concerned to see that the provisions of this sub-section have been complied with.

Consents to:

By s. 27 (1) a purchaser of a legal estate from' trustees for sale is not to be concerned with the trusts affecting the proceeds of sale of land subject to a trust for sale. Sub-s. (2) provides that notwithstanding anything to the contrary in the instrument creating a trust for sale of land, or in the settlement of the proceeds, the proceeds of sale or other capital money shall not be paid to or applied by the direction of fewer than two persons as trustees for sale, except where the trustee is a trust corporation (r); but this does not affect the right of a sole personal representative to give receipts for, or direct the application of the proceeds of sale or other capital money, nor, except where capital money arises on the transaction, render it necessary to have more than one trustee.

Receipts of trustees.

(q) As to the old law on this subject, see Re Tweedie and Miles, (1884) 27 Ch. D. 315; Re Douglas and Powell, 1902, 2 Ch. 296. See also Re Cotton's Trustees and the London School Board, (1882) 19 Ch. D. 624; Re Lord Sudeley and Baines, 1894, 1 Ch. 334.

(qq) As amended by the L. P. (Amend.) Act, 1926, Sched.

34 (2)

As the law now stands (s), capital money arising on a sale of land cannot be paid to a sole trustee, unless such trustee is a trust corporation.