As we have seen (u), in case of the vendor's death pending completion, a conveyance of his estate must be executed to the purchaser before the purchase money can be obtained. Such a conveyance cannot always be immediately executed by the persons on whom the vendor's estate has devolved on account of their being under disability or from other causes. In certain cases of this kind the required conveyance may be effected by vesting order made under the jurisdiction conferred by the Lunacy Act, 1890 (x), or the Trustee Act, 1893 (y).

Conveyance of deceased vendor's estate by vesting order.

(s) See above, p. 534, n. (m).

(t) Lawes v. Bennett, 1 Cox, 167; Townley v. Bedwell, 14 Ves. 590; Weeding v. Weeding, 1 J. & H. 424; Re Adams and Kensington Vestry, 27 Ch. D. 394, 399.

(u) Above, p. 529.

(x) Stat. 53 Vict. c. 5, s. 135, enabling the Judge in lunacy to make a vesting order when a lunatic is solely or jointly seised or possessed of, or entitled to a contingent right in any land upon trust.

(y) Stat. 56 & 57 Vict. c. 53, ss. 26 - 34. These enactments and that mentioned in the previous note have replaced the Trustee Acts, 1850 and 1852 (stats. 13 & 14 Vict. c. 60; 16 & 16 Vict. c. 55), which Bat, except where the contract is established by bringing an action for its specific performance, the Court will replaced 11 Geo. IV. & 1 Will. IV. c. (30; 4 & 5 Will. IV. c. 23; and 1 & 2 Vict. c. 69.

By the Trustee Act, 1893, 8. 26, the High Court may make a vesting order (i.) Where the High Court appoints or has appointed a new trustee: (ii.) Where a trustee entitled to or possessed of any laud, or entitled to a contingent right therein, either solely or jointly with any other person (a) is an infant, or

(b) is out of the jurisdiction of the High Court, or

(c) cannot be found;

(iii.) Where it is uncertain who was the survivor of two or more trustees jointly entitled to or possessed of any land; (iv.) Where, as to the last trustee known to have been entitled to or possessed of any land, it is uncertain whether he is living or dead: (v.) Where there is no heir or personal representative to a trustee who was entitled to or possessed of land and has died intestate as to that land, or where it is uncertain who is the heir or personal representative or devisee of a trustee who was entitled to or possessed of any land and is dead; (vi.) Where a trustee jointly or solely entitled to or possessed of any land, or entitled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the land or a release of the right, to convey the land or to release the right, and has wilfully refused or neglected to convey the land or release the right for twenty-eight days after the date of the requirement. By sect. 27, where any land is subject to a contingent right in an unborn person or class of unborn persons who, on coining into existence, would, in respect thereof, become entitled to or possessed of the land on any trust, the High Court may make an order releasing the land from the contingent right, or may make an order vesting in any person the estate to or of which the unborn person or class of unborn persons would, on coming into existence, be entitled or possessed in the land.

By sect. 31, where judgment is given (amongst other things for the specific performance of a contract concerning any land, the High Court may declare that any of the parties to the action are trustees of the land or any part thereof within the meaning of this Act, or may declare that the interests of unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any person deceased who was during his lifetime a party to the contract concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the meaning of this Act, and then upon the High Court may make a resting order relating to the rights of those persons, born and unborn, as if they had been trustees,

By set. 32, vesting-orders have the effect of a conveyance by the proper persons. By sect. 33. the Court may, in all oases where a vesting order can be made, appoint a person to convey, and a convey-ance by such person shall have the same effect as a vesting order. By sect. 34, where an order vesting copyhold land is made with the not make a vesting order as to a deceased vendor's estate under these Acts unless the contract had been so far executed in his lifetime that at the time of his death he was unquestionably an absolute trustee for the pur-chaser (z); as, for example, where the whole or the bulk of the purchase money had been paid and the purchaser let into possession (a). It may be observed that the construction so placed on these Acts is not inconsistent with the doctrine that the vendor is a trustee for the purchaser conditionally as from the date of the contract, and absolutely when the contract has become fully binding by the acceptance of the title (b). The Court, in exercising the jurisdiction conferred by these Acts, does not question this doctrine; it merely requires indisputable evidence of the vendor's absolute trusteeship before it will treat his representatives as trustees.

Where the owner of a power of appointment over land has contracted to sell the land in exercise of the power (c), and dies before completion of the sale by conveyance under the power, the contract for sale is treated in equity on the same footing as a defective execution of the power, and will accordingly be specifically enforceable by the purchaser against the persons consent of the lord of the manor, the land shall vest without surrender or admittance; and where a person is appointed to convey any copyhold land, he shall do all things necessary to complete the assurance thereof, and the lord of the manor shall, subject to the customs of the manor and the usual payments, admit him accordingly.