Northern Territory Consolidated Acts

THE TRUSTEE ACT - SECT 33

Where a person having contracted in writing to sell land dies without having conveyed the land in pursuance of his contract, and the consideration for the sale has been paid or satisfied in his lifetime, or after his decease, or the person entitled to receive the consideration money or such part thereof as may remain unsatisfied, is willing to receive the same, and there is no dispute or question as to the making of the contract, or as to the right of the purchaser of the land so agreed to be sold to demand specific performance of such contract, and the Court shall be satisfied that the only impediment to the performance thereof arises from the fact that the legal estate in the land has become vested in an heir, representative, or devisee of the deceased vendor, who is an infant, or lunatic, or of unsound mind, the Supreme Court may make an order declaring the heir, representative, or devisee, as the case may be, of the deceased vendor to be a trustee of the land contracted to be sold, and such heir, representative, or devisee shall thereupon be deemed to be a trustee thereof within the meaning of this Act, and at the same time or subsequently the said Court may order that the land shall vest in such person in such manner and for such estate as the said Court may direct, and may give directions as to the payment and satisfaction of any unpaid or unsatisfied purchase-money.