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Report No. 17

74. Appointment by Court.-

(1) Whenever a trustee is to be appointed under section 73 and it is found impracticable to make an appointment under section 73A, the beneficiary may, without instituting a suit, apply by petition to the district court for the appointment of a new trustee, and the court may appoint a new trustee accordingly.

(2) In making an appointment under sub-section (1), the court shall have regard-

(a) to the wishes of the author of the trust as expressed in or to be inferred from, the instrument of trust;

(b) to the wishes of the person, if any, empowered to appoint new trustees;

(c) to the question whether the appointment will promote or impede the execution of the trust; and

(d) where there are more beneficiaries than one, to the interests of all such beneficiaries".

Trusts Act, 1882 Back

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