Trustee Acts

Sts. 13 & 14 Vict. c. 60, and 15 & 16 Vict. c.

55, passed to enable the court of chancery (now the high court of justice, on petition presented in the chancery division) to appoint new trustees of a settlement, will, or other instrument creating a trust, whenever a trustee's death, lunacy, absence or refusal to act, or other reason, makes it necessary to apply to the court. In other words, when the power of appointing new trustees contained in the instrument, or provided by statute, cannot be exercised. They also empower the court, where property is held upon trust or mortgage by a lunatic or person of unsound mind, or out of the jurisdiction of the court, to transfer it by a vesting order (q. V.) to some other person, or to make an order appointing some person to execute a deed in the place of a trustee or mortgagee, so as to give it the same effect as if the trustee or mortgagee had executed it.

Lewin, Trusts; Shelf. R. P. St. 647: Daniell, Ch. Prac. 1798; Pope, Lun. 263.

See "Petition.".

See Petition.