120 Conditions of registration of transfer, etc.
other instrument executed by an executor, administrator or trustee
under a will except an application for transmission or a caveat or a
discharge of mortgage, unless
(a) a certificate of the Public Trustee, made subsequent to the
grant or resealing of letters probate or administration, that
the Public Trustee has no knowledge of minors being
interested in the estate of the deceased owner, has been filed
with the Registrar,
(b) in cases where minors are in terested, the instrument to be
registered is accompanied with the consent of the Public
Trustee to the proposed dealing,
(c) the instrument to be registered is accompanied with an ord er
of a judge of a court of competent jurisdiction, authorizing
the proposed dealing, or
(d) the instrument to be registered is accompanied with an
affidavit made by the deponent of the deponent's own
knowledge that there are no minors who are interested in the
estate of the deceased owner, nor were there any minors
interested in the estate of the deceased owner at the time of
the owner's death.
(2) If land in which minors are interested is subject to a general
testamentary trust for sale, the Public Trustee may give one written
consent, which shall refer to the trust and authorize the executor,
administrator or trustee, as the case may be, to deal with the land,
and after the general consent has been filed in a Land Titles Office
the Registrar shall register any transfer, mortgage or other
instrument executed by the executor, administrator or trustee, as the
case may be, without requiring any further consent to be filed.
RSA 1980 cL-5 s120