TRUSTEE ACT 1936 - SECT 46

TRUSTEE ACT 1936 - SECT 46

46—Orders made upon certain allegations to be conclusive evidence

        (1)         Where a vesting order as to any land has been made under this Act, or under any Act relating to lunacy, founded on an allegation of any of the following matters, namely:

            (a)         the infancy or personal incapacity of a trustee or representative; or

            (b)         that a trustee is out of the jurisdiction of the Supreme Court, or cannot be found; or

            (c)         that it is uncertain which of several trustees was the survivor; or

            (d)         whether the last trustee is living or dead; or

            (e)         that any trustee has died intestate without personal representatives, or has died and it is not known who is his personal representative,

the fact that the order has been so made shall be conclusive evidence of the fact alleged in any court upon any question as to the validity of the order.

        (2)         This section shall not prevent the Supreme Court from directing a conveyance, or a redisposition of any contingent right, or the payment of costs occasioned by any such order if improperly obtained.