|
| |
41 In administering the estate of a deceased person the chairman shall not be bound for the purpose of distribution of any landed property to sell and convert the same, but may partition the same among the persons entitled to shares of such estate, and for equality of partition may make a personal decree against any one or more of such persons for any excess in the value of the part or parts allotted to him or them: Provided always, that no partition of any land held subject to any agreement or condition restraining or prohibiting assignment or subdivision, or forming part of an estate upon which the assignment or subdivision of holdings, without the consent of the landlord, is contrary to or not warranted by the practice prevalent upon, such estate, shall be made without the consent in writing of the landlord or his agent duly authorised in writing. Nor shall any holding charged with any advance made by the Commissioners of Public Works in Ireland, in manner provided by the Landlord and Tenant (Ireland) Act, 1870, or by any other statute authorising the advance of public money to tenants upon the security of their holdings, be partitioned without the consent of the said commissioners. An administration suit in the Civil Bill Court may be instituted at any time after the death of the testator or intestate.
|
