TRUSTEES.
No. 5 of 1901.
1349
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.
PART V.
MISCELLANEOUS AND SUPPLEMENTARY.
by trustee
60. Property vested in any person on any trust or by way Trust estate of mortgage shall, in case of that person being convicted of not affected treason or felony, remain in the trustee or mortgagee, or becoming a survive to his co-trustee, or descend to his representative as convict if he had not been so convicted: Provided that this enactment c. 53, s. 48. shall not affect the title to the property so far as relates to any beneficial interest therein of any such trustee or mortgagee.
56 & 57 Vict.
to apply to
61.—(1) Any trustee, executor, or administrator shall be Power for at liberty, without the institution of an action, to apply by trustee, etc., petition to the court, or upon a written statement by summons the court for in chambers, for the opinion, advice, or direction of the court advice as to on any question respecting the management of administration of trust of the trust property or the assets of any testator or intestate. property,
management
22 & 23 Vict.
(2) The petition or statement shall be signed by counsel, c. 35, s. 30. 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.
(3) The application shall be served on, or the hearing thereof shall be attended by, all persons interested in such application, or such of them as the court may think expedient.
(4) The trustee, executor, or administrator acting upon the opinion, advice, or direction given by the court shall be deemed, so far as regards his own responsibility, to have discharged his duty as such trustee, executor, or administrator in the subject-matter of the application: Provided, nevertheless, that this section shall not extend to indemnify any trustee, executor, or administrator in respect of any act done in accordance with such opinion, advice, or direction, if such trustee, executor, or administrator has been guilty of any fraud or wilful concealment or misrepresentation in obtaining such opinion, advice, or direction.
Page 30
Page 31
TRUSTEES.
No. 5 of 1901.
1349
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.
PART V.
MISCELLANEOUS AND SUPPLEMENTARY.
by trustee
60. Property vested in any person on any trust or by way Trust estate of mortgage shall, in case of that person being convicted of not affected treason or felony, remain in the trustee or mortgagee, or becoming a survive to his co-trustee, or descend to his representative as convict if he had not been so convicted: Provided that this enactment c. 53, s. 48. shall not affect the title to the property so far as relates to any beneficial interest therein of any such trustee or mortgagee.
56 & 57 Vict.
to apply to
61.—(1) Any trustee, executor, or administrator shall be Power for at liberty, without the institution of an action, to apply by trustee, etc., petition to the court, or upon a written statement by summons the court for in chambers, for the opinion, advice, or direction of the court advice as to on any question respecting the management of administration of trust of the trust property or the assets of any testator or intestate. property,
management
22 & 23 Vict.
(2) The petition or statement shall be signed by counsel, c. 35, s. 30. 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.
(3) The application shall be served on, or the hearing thereof shall be attended by, a persons interested in such application, or such of them as the court may think expedient.
for
M
(4) The trustee, executor, or administrator acting upon the opinion, advice, or direction given by the court shall be deemed, so far as regards his own responsibility, to have discharged his duty as such trustee, executor, or administrator in the subject-matter of the application: Provided, neverthe- less, that this section shall not extend to indemnify any trustee, executor, or administrator in respect of any act done in accordance with such opinion, advice, of direction, if such trustee, executor, or administrator has been guilty of any fraud or wilful concealment or misrepresentation in obtaining such opinion, advice, or direction.
Page 30Page 31
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