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The Pamphlet Collection of Sir Robert Stout: Volume 88

By Will or Intestacy

By Will or Intestacy.

73. Before effect can he given by the District Land Registrar to any transfer or dealing with any mortgage or leasehold iutereat in land under the Act, by the person claiming such estate or interest as legatee, or executor, or administrator under the will, or upon the intestacy of the former proprietor, the particulars of the death and of the transmission of the property must be authenticated to the District Land Registrar, by probate or office copy of the will; or, in case of intestacy, by the tetters of administration. These will suffice to warrant the District Land Registrar in giving effect to dealings by an executor or administrator with any mortgage, encumbrance, or leasehold interest registered under the Act.

74. When a freehold estate is transmitted, the devisee, heir-at-law, or tenant by curtesy, must apply to be registered, in the form and manner described at page 10 for the first bringing of land under the Act, and must deposit with the District Land Registrar the grant or certificate of title with the will or an office copy or probate of the will, or the settlement under which he claims; or, in the ease of intestacy, such evidence of heirship as he may be able to produce.

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75. The claim of the devisee or heir-at-law will then be advertised as may be directed by the District Land Registrar and Examiner of Titles; and if no caveat be lodged within the time limited in such direction, a certificate of title will be issued vesting the estate in him. The time limited will not be less than one calendar month from the date of the advertisement in the Gazette.