without appropriating any part or any further part, as the of executor in respect of conveyances on rent, charges, etc. 46. In like manner where an executor or administrator, Liability liable as such to the rent, covenants or agreements contained in any conveyance on rent charge, or agreement for such rents, etc., in conveyance, granted or assigned to or made and entered into with the testator or intestate whose estate is being administered, has satisfied all such liabilities under the said conveyance or agreement for a conveyance as may have accrued due and been claimed up to the time of the conveyance hereinafter mentioned and has set apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum covenanted or agreed by the grantee to be laid out on the property conveyed, or agreed to be conveyed, although the period for laying out the same may not have arrived, and has conveyed such property, or assigned the said agreement for such conveyance as aforesaid, to a purchaser thereof, he shall be at liberty to distribute the residuary estate of the deceased to and amongst the parties entitled thereto respectively without appropriating any part or any further part, as the case may be, of the estate of the deceased to meet any future liability under the said conveyance or agreement for a conveyance; and the executor or administrator so distributing the residuary estate shall not after having made or executed such conveyance or assignment and having where necessary set apart such sufficient fund as aforesaid be personally liable in respect of any subsequent claim under the said conveyance or agreement for conveyance; but nothing herein contained shall prejudice the right of the grantor or those claiming under him to follow the assets of the deceased into the hands of the person or persons to or among whom the said assets may have been distributed. [1903(2), c. 11, s. 47.] Summary Application to Court for Advice. to Court for 47. (1) Any trustee, guardian, executor, or administra- Application tor shall be at liberty without the institution of an action advice in to apply in Court or in chambers in the manner prescribed management Allowance to trustees Settling of compensation by judge Compensation in case of by Rules of Court for the opinion, advice or direction of a judge of the District Court on any question respecting the management or administration of the trust property or the assets of a testator or intestate. (2) The trustee, guardian, executor or administrator acting upon the opinion, advice, or direction given by the judge shall be deemed so far as regards his own responsibility to have discharged his duty as such trustee, guardian, executor or administrator in the subject matter of the said application; but this provision shall not extend to indemnify a trustee, executor or administrator in respect of any act done in accordance with such opinion, advice or direction as aforesaid if the trustee, executor or administrator has been guilty of any fraud or wilful concealment or misrepresentation in obtaining such opinion, advice or direction. [1903(2), c. 11, s. 48.] Allowance to Trustees, etc. 48. Any trustee under a deed, settlement or will, any executor or administrator, any guardian appointed by any Court, and any testamentary guardian or other trustee howsoever the trust is created shall be entitled to such fair and reasonable allowance for his care, pains and trouble and his time expended in and about the trust estate as may be allowed by the District Court or a judge thereof or by any Clerk thereof to whom the matter may be referred. [1903(2), c. 11, s. 49.] 49. A judge of the District Court may on application to him for the purpose settle the amount of such compensation, although the trust estate is not before the Court in any action. [1903(2), c. 11, s. 50.] 50. Compensation may be allowed in the case of any trust heretofore trust heretofore created as well as in any to be hereafter created. created Allowance to executor, etc. [1903(2), c. 11, s. 51.] 51. The judge may allow to the executor or trustee or administrator acting under a will or letters of administration a fair and reasonable allowance for his care, pains and trouble and his time expended in or about the executorship, trusteeship or administration of the estate and effects vested in him under the will or letters of administration, and in administering, disposing of and arranging and settling the same and generally in arranging and settling the affairs of the estate and may make an order or orders. from time to time therefor and the same shall be allowed to an executor, trustee or administrator in passing his accounts. [1903(2), c. 11, s. 52.] 52. Nothing in the next preceding four sections shall Inapplicability apply to any case in which the allowance is fixed by the sections to instrument creating the trust. [1903(2), c. 11, s. 53.] allowance of preceding case where fixed by instrument advocate to 53. In addition to any allowance a trustee who is a Right of barrister and solicitor shall also be entitled to profit costs profit costs for any professional work done in connection with the trust. [1903(2), c. 11, s. 54.] Limitation of Actions. statutes of certain actions 54.—(1) In any action or other proceeding against a Application of trustee or any person claiming through him, except where limitations to the claim is founded upon any fraud or fraudulent breach against of trust to which the trustee was party or privy, or is to trustees recover trust property, or the proceeds thereof, still retained by the trustee, or previously received by the trustee and converted to his use, the following provisions shall apply: (a) The law relating to the limitation of actions shall apply in like manner and to the like extent as it would in such action or other proceeding if the trustee or person claiming through him had not been a trustee or a person claiming through a trustee; (b) If the action or other proceeding is brought to (2) No beneficiary, as against whom there would be a good defence by virtue of this section, shall derive any greater or any other benefit from a judgment or order obtained by another beneficiary than he could have obtained if he had brought the action or other proceeding and this section had been pleaded. (3) This section shall apply only to actions or other proceedings commenced after the passing of this Act and shall not deprive any executor or administrator of any right or defence to which he is entitled under any law relating to limitation of actions. [1903(2), c. 11, s. 55.] ́ Power of the application to appoint judicial trustee Judicial Trustees. 55. (1) Where application is made to the District Court or a judge thereof by or on behalf of the person creating or intending to create a trust or by or on behalf of a trustee or beneficiary the Court or judge may in its or his discretion appoint a person (in this Act called a judicial trustee) to be a trustee of said trust either jointly with any other person or as sole trustee and if sufficient cause is shown in place of all or any existing trustees. (2) The administration of the property of a deceased person whether a testator or intestate shall be a trust and the executor or administrator a trustee within the meaning of this section. (3) Any fit and proper person nominated for the purpose in the application may be appointed a judicial trustee and in the absence of such nomination or if the Court or judge is not satisfied of the fitness of a person so nominated an official of the Court or other competent person may be appointed and in any case a judicial trustee shall be subject to the control and supervision of the Court as an officer thereof. (4) The Court or judge may either on request or without request give to a judicial trustee any general or special directions in regard to the trust or the administration thereof. (5) There may be paid to a judicial trustee out of the trust property such remuneration not exceeding the prescribed limits as the Court or judge may assign in each case and the remuneration so assigned to any judicial trustee shall, save as the Court or judge may for special reasons otherwise order, cover all his work and personal outlay. (6) Once in every year the accounts of every trust of which a judicial trustee has been appointed shall be audited and a report thereon made to the Court by the prescribed persons and in any case where the Court or judge shall so direct an inquiry into the administration by a judicial trustee of any trust, or into any dealing or transaction of a judicial trustee, shall be made in the prescribed manner. [1903(2), c. 11, s. 56.] (e) SOLDIERS CHAPTER 221. An Act respecting the Exemption of Soldiers' HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. 1. This Act may be cited as "The Soldiers' Home Tax Short title Exemption Act." [1918, c. 40, s. 1.] Interpretation. 2. In this Act, unless the context otherwise requires, Interpretation (a) "Home property" shall mean land which fulfils Home the following conditions: (i) It must be land which was occupied by a (ii) It must consist of not more than four lots (iii) It must be listed on a home property register property (b) "Land" shall mean land together with the buildings Land (c) "Municipality" shall mean a city, town, village, Municipality (d) "Soldier" shall mean any person having on or Soldier |