(1) Where an undivided share in the proceeds of sale of land directed to be
sold, or in any other property, is subject to a trust or forms part of the
estate of a testator or intestate, the trustee may, without prejudice to the
trust for sale affecting the entirety of the land and the powers of the
trustees for sale in reference thereto, execute or exercise any trust or power
vested in the trustee in relation to such share, in conjunction with the
persons entitled to or having power in that behalf over the other share or
shares.
(2) This section applies notwithstanding that the trustee may be
entitled to or interested in any such other share, either in the trustee's own
right or in a fiduciary capacity.
(3) This section applies only if and as far
as a contrary intention is not expressed in the instrument, if any, creating
the trust and shall have effect subject to the terms of that instrument and to
the provisions therein contained.
(4) This section applies to trusts created
either before or after the commencement of this Act.
