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Report No. 17

42. Section 28.-

Section 28 exonerates the trustee from liability when he pays or delivers trust property to a person who would have been entitled thereto but for the vesting of the right of the beneficiary in another before payment and without knowledge of it. It does not, however, provide a remedy in favour of a person rightfully entitled to recover it from the trustee. We think that as, under general law, a right of suit against the person who received the money or property lies at the instance of the rightful owner, it is unnecessary to make a special provision.

43. Section 29.- No change.

Trusts Act, 1882 Back

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