The Law of Mortgages of Real Estate : Including Mortgages Under the Land Titles System

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13 of the same statute, re- ferred to in §123, providing for the vesting in the persons beneficially entitled of real property not disposed of, divided among the persons beneficially entitled or conveyed by the personal representative with- in three years after the death of the owner.
(0 Plenderleith v. Smith, 1905, 10 O.L.R. 188; see chapter 24, Action for Foreclos^ire or Sale, §234. As to service of notice of exer- cising a power of sale upon the "heirs" of the mortgagor, see chapter 31, Sale
... under Power of Sale, §339.
§162 DEVOLUTION OF ESTATES ACT 269 6. Subject to provisions of section 38 of The Wills Act the real and personal property of a deceased person comprised in any resi- duary devise or bequest shall, except so far as a contrary intention appears from his will or any codicil thereto, be applicable rateably, according to their respective values, to the payment of his debts, funeral and testamentary expenses and the cost and expenses of administration.
It will be observed that although under s.


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