TRUSTEES.
No. 5 of 1901.
1353
(2) Any such trustee or other person, with the said sanction previously obtained, may, unless forbidden by the instrument creating the trust or direction, from time to time, without any further application to the Court, so dispose of any such land or minerals.
(3) Nothing in this section shall derogate from any power which a trustee may have under any other Ordinance.
breach of
59.-(1) Where a trustee commits a breach of trust at the instigation or request or with the consent in writing of a beneficiary, the Court may, if it thinks fit, and notwithstanding that the beneficiary may be a married woman entitled for her separate use and restrained from anticipation, make such order as to the Court may seem just for impounding all or any part of the interest of the beneficiary in the trust estate by way of indemnity to the trustee or person claiming through him.
(2) This section shall apply to breaches of trust committed as well before as after the commencement of this Ordinance.
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PART V.
MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS.
not affected
convict.
60. Property vested in any person on any trust or by way of mortgage shall, in case of that person being convicted of treason or felony, remain in the trustee or mortgagee, or survive to his co-trustee, or descend to his representative as if he had not been so convicted : Provided that this enactment shall not affect the title to the property so far as relates to any beneficial interest therein of any such trustee or mortgagee.
advice as to
61.-(1) Any trustee, executor, or administrator shall be at liberty, without the institution of an action, to apply by petition to the Court, or upon a written statement by summons in Chambers, for the opinion, advice, or direction of the Court on any question respecting the management or administration of the trust property or the assets of any testator or intestate.
(2) The petition or statement shall be signed by counsel, and the Court may require the petitioner or applicant to attend by counsel either in Court or in Chambers, where the Court deems it necessary to have the assistance of counsel.
* As amended by No. 1 of 1912.
of trust property. [22 & 23 Vict. c. 35 s. 30.]