that, an absurd
situation would arise if the contentions of the Trustees that
surviving remaining sons and remaining daughters are only
entitled to a share ... respective names in the second column thereof. If the
interpretation of Trustees and surviving remaining sons and
daughters is accepted, this direction of the Settlor
Trustees
which expression shall unless repugnant to the
context or meaning thereof be deemed to
include the survivors or survivor of them and
the Trustees ... these
presents and the heirs, executors and
administrators of the last surviving Trustee
their or his assigns) of the other part:
Whereas the Settlor
death of the other trustees the plaintiffs and the second defendant have been chosen and appointed as trustees for administering the trusts. The point which ... which he is fully supported by the first defendant (the only surviving trustee out of the board of trustees appointed by he testator), is that
page 248 where His Lordship describes the position of the surviving partners as " trustees for the partners until the winding up is effected ... inaccurate expression (see the Law of Partnership, page 119). The surviving partners are not trustees for a deceased partner's representatives not liable
Judge at Allahabad against respondent No. 1 and Gopi Nath, the surviving trustees of the idol and its properties, for a declaration that properties
Court in administering this estate shall act in personam and compel the trustees and executors to fulfil their obligations. This objection, therefore, in my opinion ... joinder of the parties beneficially entitled under the deed. The surviving trustee is a party to the action, as are also two beneficiaries, namely
person dies leaving property of which he was the sole or surviving trustee, or in which he had no beneficial interest on his own account
stranger the absolute beneficial interest in property legally vested in trustees, although such settlement might have been made for an illegal consideration not appearing ... desire of persons beneficially interested in an estate against the surviving trustees of the settlor, and was therefore a case of devolution of proprietary interests
Trustee left for
making this appointment, he shall appoint a
Trustee following the above policy. And all
the rights of the Trustee of the said ... Trustee so appointed. If for any reason
whatever, new Trustees are not appointed or
none of the prior Trustees survives, the pan-
chas mentioned (under
appears from its preamble is to give the property
to his two surviving sons, Rajes and Ramendra, after
excluding his widowed daughter-in-law, Santi ... trustees and that on the death of either of them the
surviving trustee shall be the sole trustee. There is no
provision for any further
