TRUSTEE ACT 1936 - SECT 48

TRUSTEE ACT 1936 - SECT 48

48—Trustee to have power to sell or convey in certain cases

        (1)         Where a trustee has, by the instrument creating the trust, power, subject to the direction, request, or authority of any person, to sell, convey, assure, mortgage, or otherwise deal with property, and that person is dead, of unsound mind, a lunatic, under disability, or absent from the State, the Supreme Court may authorise the trustee to sell, convey, assure, mortgage, or otherwise deal with the property as if such direction, request, or authority had been given, but the power conferred by this section shall not be exercised so as to injuriously affect any beneficial interest of such person.

        (2)         This section applies to trusts created either before or after the commencement of this Act.

        (3)         This section shall authorise the Supreme Court to confirm any sale, conveyance, assurance, mortgage, or other dealing heretofore made or executed by such trustee in any case in which the court, under this Act, would have authorised the same had it not been made or executed.