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Part 11 · Construction and Effect of Deeds Andother Instruments

58. Effect of covenant with 2 or more persons jointly

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(1)

A covenant, and a contract under seal, and a bond or obligation under seal, made with 2 or more persons jointly, to pay money or make a conveyance, or to do any other act, to them or for their benefit, shall be deemed to include, and shall, by virtue of this Act, imply, an obligation to do the act to, or for the benefit of, the survivor or survivors of them, and to, or for the benefit of, any other person to whom the right to sue on a covenant, contract, bond or obligation devolves.

(2)

This section shall extend to a covenant implied by virtue of this Act.

(3)

This section shall apply only if and as far as a contrary intention is not expressed in the covenant, contract, bond or obligation, and has effect subject to the covenant, contract, bond or obligation, and to the provisions therein contained.

(4)

This section shall apply only to a covenant, contract, bond or obligation made or implied on or after 1 August 1886.

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