Acts and Regulations

D-9 - Devolution of Estates Act

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Sale of property free from dower or curtesy
16(1)Where the personal representative desires to sell any real property devolving upon him free from curtesy or dower, he may apply to a judge of the Court, who may in a summary way and upon notice to be served personally, unless the judge otherwise directs, order that the same shall be sold free from the right of the tenant by the curtesy or dowress; and in making such order regard shall be had to the interests of all parties.
16(2)If a sale free from such curtesy or dower is ordered, all the right and interest of such tenant by the curtesy or dowress shall pass thereby; and no conveyance or release thereof to the purchaser shall be required; and the purchaser, his heirs and assigns, shall hold the real property freed and discharged from the estate or interest of such tenant by the curtesy or dowress.
16(3)The Court may direct payment to the person entitled to curtesy or dower of such sum in gross out of the purchase money as it may deem, upon the principles applicable to life annuities, a reasonable satisfaction for such estate or interest; or may direct the payment to the person entitled of an annual sum, or of the income or interest to be derived from the purchase money or any part thereof, as it may deem just, and for that purpose may make such order for the investment or other disposition of the purchase money, or any part thereof, as it may deem necessary.
R.S., c.62, s.16
Sale of property free from dower or curtesy
16(1)Where the personal representative desires to sell any real property devolving upon him free from curtesy or dower, he may apply to a judge of the Court, who may in a summary way and upon notice to be served personally, unless the judge otherwise directs, order that the same shall be sold free from the right of the tenant by the curtesy or dowress; and in making such order regard shall be had to the interests of all parties.
16(2)If a sale free from such curtesy or dower is ordered, all the right and interest of such tenant by the curtesy or dowress shall pass thereby; and no conveyance or release thereof to the purchaser shall be required; and the purchaser, his heirs and assigns, shall hold the real property freed and discharged from the estate or interest of such tenant by the curtesy or dowress.
16(3)The Court may direct payment to the person entitled to curtesy or dower of such sum in gross out of the purchase money as it may deem, upon the principles applicable to life annuities, a reasonable satisfaction for such estate or interest; or may direct the payment to the person entitled of an annual sum, or of the income or interest to be derived from the purchase money or any part thereof, as it may deem just, and for that purpose may make such order for the investment or other disposition of the purchase money, or any part thereof, as it may deem necessary.
R.S., c.62, s.16