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Procedure as to
petitions, etc.
Appointment of a com- pany to be a trustee.
Joint tenancy.
Trust Company may act as agent.
Trust Company not to be required to furnish
security
when granted administra- tion or appointed receiver, guardian committee etc., by the court.
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sons to apply for and obtain a grant, but a Trust Company, being so entitled, shall not on that account alone, be preferred to the widower, widow, or next-of- kin of any intestate.
(5) No grant of probate or of letters of administra- tion shall be granted to a syndic or nominee on behalf of a Trust Company.
85.-(1) In all cases in which Trust Company is empowered under this Part of this Ordinance to apply for probate or letters of administration, any petition, declaration, account or affidavit or other necessary document may be made or sworn by any officer of the company duly authorised by the company in that behalf.
(2) Any officer of the company appointed by a Trust Company for that purpose may, on behalf of the com- pany, sign any petition, account or statement, take any oath, swear any affidavit, make any declaration, verify any act, give personal attendance at any court or place, and do any act or thing whatsoever, which may require to be signed, taken, sworn, made, verified, given, or done on behalf of the company: Provided always that nothing in this Part of this Ordinance contained shall confer upon any person, not otherwise entitled thereto, any right to appear or be heard before or in any Court on behalf of the company or to do any act whatsoever on behalf of the company which could otherwise be lawfully done only by a counsel or by a solicitor.
86. In all cases in which the court or any person or persons has or have power to appoint a trustee, whether as an original or new or additional trustee, to perform any legal trust or duty a Trust Company may be appointed in the same manner as if the company were a private individual: provided that no Trust Company shall be appointed in any case in which the instrument creating the trust, or the power authorising the appointment, forbids the appointment of a com- pany.
87. A Trust Company, acting in a fiduciary capac- ity, shall be capable of acquiring and holding any property in joint tenancy in the same manner as if it were a private individual.
88. It shall be lawful for a Trust Company to act under any deed or instrument by which the company is appointed agent or attorney for any person, and all the powers conferred upon the company by any such deed or instrument may be exercised by such officer of the company as the company may appoint for that purpose: provided that nothing in this section shall be deemed to authorise any person to confer upon a trust company any power which may not lawfully be dele- gated by him.
89.-(1) Notwithstanding the provisions of any other enactment, no Trust Company to which a grant of letters of administration has been made shall be required to furnish security for the due administration of the estate.
(2) Notwithstanding the provisions of any other enactment, no Trust Company appointed by the court to perform the duties of receiver, guardian, committee or any other office or trust shall be required to furnish security for the due performance of such duties.