Bill 14 (Legislature 6, Session 1)

L6 S1 9183

Alberta — Bills

BILL No. 14 of

An Act respecting Charges on the Estates of Deceased Persons (Assented to , 1927.) HIS MAJESTY, by and with the advice and consent of the Leg'islative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE 1. This Act may be cited as "The Pr'operty Charges Act."

INTERPRETATION 2. In this Act, unless the context otherwise requires "Mortgage" includes any charge whatsoever, whether equitable, statutory or of any other nature, including any lien for unpaid purchase money. MORTGAGE DEBTS 3.-

(1) Where a person dies possessed of, or entitled to, or under a general power of appointment by his will dis poses of, any interest in property, which at the time of his de'ath is charged with the payment of money by way of mortgage, and the deceased has not by will, deed or other document, signified a contrary 01' other intention, the inter est so charged shall, as between the different persons claim ing through the deceased, be primarily liable for the pay ment of the charge; and every part of the said interest, according to its value, shall bear a proportionate part of the charge on the whole thereof.

(2) Such contrary or other intention shall not be deemed to be signified- (

a) by a general direction for the payment of debts or of all the debts of the testator out of his personal pl'operty or his residuary real or personal property, or his residuary real property; or (

b) by a charge of debts upon any such property (unless such intention is further signified by words express ly or by necessary implication referring to all or some part of the charge).

(3) Nothing in this

section shall affect the right of a person entitled to the charge to obtain payment or satisfac tion thereof, either out of the other assets of the deceased or otherwise. 4. This Act shall come into force on ................. . No. 14. FIRST SESSION SIXTH LEGISLATURE GEORGE V BILL

An Act respecting Charges on the Estates of Deceased Persons Received and read the First time ........ , ........... . Second time .................. . Third time ................... . HON. MR. LYMBURN JlDMONTON: W. D. McLEAN, ACTING KniG'S PRl"TER "'D. 1927 Title: 1927 (6th, 1st) Bill 14,

An Act respecting Charges on the Estates of Deceased Persons

Document details

Collection	Alberta — Bills
Citation	L6 S1 9183
Type	bill
Volume / chapter	L6 S1 9183
Language	en
Format	json
Source	PROVINCIAL
Identifier	d97139f8471cf2b5e79756dfb916deb10170c5fc

Source file is stored in the law ingest library (json).