power " to take back the power he had " indicates that the trust deed contained a power reserving to the settlor to assume control ... power of investment by the trustees. It is not a power to retransfer the trust properties or to reassume the trust properties for the settlor
assets of the trust to the settlor or in any way gave the settlor a right to reassume power directly or indirectly over the income ... private trust and therefore section 54 of the Trust Act applied, and (2) that the power to give loan included the power to give loan
settlor, the first respondent filed a suit and
prayed : (i) that the power reserved to the settlor in the
original trust deed for altering ... material condition the settlor
had no power to vary it and therefore had no power to
execute the second trust deed., [98 F]
Re : Anstis
deed of trust.
D. Powers of the trustees. Immediately after the habendum are recited the powers of trustees. Such powers are--
1. "............... the trustees ... settlor creates the trust, his true intention is --and such is the tenor of the trust-deed too -- that the trustees' power to deal
powers given to the
settlor and the way in which the settlor had been utilising
his powers under the various clauses of the Trust Deed ... Trust Deed to show
that the Trust Deed gives the settlor right to re-assume
power directly
9 Sup. CI/67-17
952
or indirectly
power reserved t the settlors to revoke the trust, in this particular case when the settlors wanted to revoke the trust, their efforts ... power of revocation left with the settlors. Even though in a given case the settlor has reserved the power to revoke the trust
mean that the settlor qua settlor could reassume power over any part of the assets or income of the said trust which he had prior ... deed as quoted above provided that the settlor could reassume power over the income of the trust estate and as such the entire income
hold against him that the trust is a single consolidated trust of the two settlors and that the trust is rendered revocable even as regards ... revocable trusts dealt with by the proviso are those trusts in which power to revoke has been reserved by the settlor, and cannot, therefore, apply
power to the settlor over the assets within the meaning of the first proviso. Clause 21 only shows the wide powers which the settlor ... that power over the trust funds which tie had before the trust was executed. Power, if any, in the hands of the settlor would
settlor under Clause (15) of the trust deed dt. 11th April, 1961, the settlor, "desirous of altering or varying the trusts, powers and provisions ... called living trust which is essentially the same as other trusts. The settlor who creates the trust by the deed of trust incorporates
