The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1915-04-01

, registered land desiring 70 transfer tie sams
or any part thereof. may execute an assign.
ment Of the whole or any part thereof. and
upon such assignment being filed in the once
of the Registrar. and the production OF the
duplicate or certified copy Of the instruments
creating the charge held BY the assignor. the
Registrar shall enter in the register opposite
1 the charge q memorial of such trsnsfer. with .
reference to che assignment by it, hle and
number; he shall also note upon the instru-
ment on file in his Office intended to be trans
ferred and upon duplicate Of certified COPY
| thereof produced, the volume and folium where
the memorial is entered. with the date Of the
have certified copy of the instrument Of
trsnsfer. with endorsement thereon. and In
| case Of the transfer of the entire charge, the
duplicate or certified copy of the instrument
+, Section IS. A release, discharge or surrend-
er of . charge or any part thereof, or Of
any part of the land charged. may be effected in
the same way above provided in the case
/ of Q transfer. In the case only . part OF the
charge or of the land is intended to be re-
leased. charged or surrendered. the entry shall
be made accordingly. but when the whole b
released. discharged or surrendered at the
same or several times, the Registrar shall
stamp across the instrument on file and the
memorial thereof and the duplicate or GER
titled copies produced. the word Cancelled"
Section So. All charges upon registered land
/
| rights Hereunder may be enforced a. now
allowed by law, and all laws with reference to
the foreclosure and release or satisfaction OF
mortgage shall apply to the mortgages upon
registered lands or any estate or interest there
| ill., except as herein ,therwise provided. and
except that until notice of the pendency OF any
| suit to enforce foreclose such charges il
| fled at the Registrars Office, and q memorial
| thereof entered on the register, the pendency
/ Of such suit shall not be notice to the Regis
| trar. or any person dealing with land or any
! charge thereon.
Section so. Before any person can convey.
| charge or otherwise deal with any registered
/ land any estate or interest therein - At
| torney in Fact for another. the deed or instru.
ment empowering him to act, shall be filed
| upon the register. and memorial thereof en-
the 5sSssr IL like q IL
so desire. the Registrar shall deliver to him
. certified copy Of the power of attorney,
with endorsements thereon. Revocation OF .
power may be registered in like manner.
Section 81. When . deed or other instrument
, is filed in the Registrars Office for the pur-
pose Of effecting q transfer Of or charge upon
registered lands or any estate or interest in
! fer or charge is to be upon any trust, condi.
ton limitation expressed in such deed or
instrument the Registrar shall, unless such
deed or instrument expressly directs to the
duplicate thereof, or memorial. the words lin
trust" or upon condition, or with limita-
tons" rs the case may be, and no transfer Of
or charge upon, or dealing with the land,
ed, unless pursuant to the order of some court,
or upon written opinion of an examiner that
such transfer, charge or dealing is in &C.
cordance with the true intent and meaning
of the trust, condition or limitation.
Section 81. Upon the filing with the Regis
trar of an order of court or opinion of an
examiner. as provided in the last section. and
in the latter event upon the Registrar also be-
ing satisfied that the proposed transfer. charge
or other dealings is in accordance with the true
intent and meaning Of the trust, condition or
limitation, he shall proceed to register the
same. and such registration shall be concus-
i've evidence in favor Of the person taking
such transfer. charge or other right, and those
claiming under him. in good faith for . valua.
BILE consideration, that such transfer, charge or
other dealing is in accordance with the true
intent and meaning Of the trust, condition or
limitation.
Section So. Lands and any estate or inter.
est therein registered pursuant to this Act,
shall upon the death Of the owner go to the
personal representatives Of the deceased in
like manner a personal estate, whether the
owner dies testate or intestate, and shall
be subject to the same rules Of administra.
ton. a. If the same were personality. except
a. otherwise provided in this Act, and except
that the rules of division shall be the same
IS in the descent of real property. or - shall
be provided by will.
Section "a. Before the personal representa-
tive Of . deceased owner Of registered lands
Of any estate, or interest therein. shall deal
with the same. he shall file in the Registrars
Office . certified copy Of his letters Of ad.
ministration. or II there d . will. . certified
copy Of the same and Of letten testamentary,
or Of administration with the will annexed. ~
licate certificate Of title. and thereupon the
Registrar shall enter upon the register .
memorial thereof with reference to the let
te1 or will and the duplicate certificate. and
the letters By their Ale number. and the date
Of fling same.
Section eS. Except In the case Of . will
aevising the lands to IN executor TO his own
use or upon some trust or giving to the exc.
. 2 n 10 :s 5, Ss
or BY IN administrator In the eourse Of ad-
ministration for the payment Of debts or
otherwise. except In pursuance Of an order Of
. competent court obtained - provided By
Law.
Section 66. But q memorial Of the will and
letter. teetamentary or Of letten OF administra.
ton being hrst entered upon the register a.
herein provided, the executor or administrator
may deal with mortgages. leases or other per
sonai interests in or upon registered land -
II he was the registered owner thereof.
Section 81. Where y appear by the Will.
. certified copy of which. with the letters
testamentary. Is filed a. provided in this Act.
that registered land is devised TO the executor
to his own use, or upon some trust. the
executor may have the land transferred TO
himself upon the register in like manner and
subject to like terms and condition and with
like rights as in the case Of . transfer pur-
suant TO deed filed in the Registrar's office.
Section 68. When the will Of deceased
owner Of registered land. or any estate or
| interest therein empowers the executor to
sell, convey, cucumber. charge or otherwise
deal with the land It shall not be necessary for
such executor to be registered - the owner.
but a certified copy Of the will and letters
testamentary being filed - provided in this
Act, such executor may sell. convey, cucumber.
charge or otherwise deal with the land pur-
suant to the power in like manner - II be
were the resistered owner. subject to like
conditions expressed in the will - in the case
Of trusts. limitations. and conditions expness-
i ed in q will
Section 90. Before making distribution Of
undevised registered land the executor or
administrator shall file In the Regitfsr's Of
made in the Circuit Court, which shall be
conclusive evidence in favor Of all persons
hereinafter dealing with the land that the
persons therein named - the only heirs At
| law Of the deceased owner are such heirs.
| Section TO- The Circuit Court may. for the
purpose of distribution Of the estate. order
registered land. or any estate or interest
therein. to be sold by the executor or admin
istrator. and upon the filing Of q certified copy
! of the order of sales and order Of confirmation
of sale. and the deed in pursuance of the
same. in the Registrars Office. transfer Of the
be made upon the register, as in the case
of other sales by deed.
| Section IL. Whenever, after the expiration
of the time fixed for the adjustment of claims
against the estate of the deceased. and after
proof of heirship, it shall be made to appear
to the Circuit Court that the estate will justify
it. the court may direct the executor or ad-
minstrator to make over and transfer to