Habibullah Road, Madras- 17. The 3rd appellant is the only surviving founder trustee of the said Trust. Other trustees R.S.Manohar
same or the survivor or survivors of them or other the trustee or trustees to be appointed as hereinafter mentioned, shall stand... and be possessed ... case there shall be no continuing trustee then for the retiring trustees or trustee of their or his own proper authority by any writing
trustee or working
trustee/chairman. Clause 24 of the trust deed is related to any
resolution in writing circulated amongst all the trustees. This clause ... related to appointment
of trustee or working trustee.
11. In the present case, there was vacancy of working trustee
after resignation of Nand Bai. From
right, title and interest in the aforesaid amount and that the trustees are at full liberty to apply this amount for the welfare of employees ... events mentioned in the deed, then the surviving/remaining trustees shall appoint any other employee of the assessee-company to be trustee. The deed defines
inconsistent therewith, the Trustees or Trustee for the
time being of these presents or the survivors or last
survivor of the Trustees their ... Trustees or
(15 of 20) [CW-1416/2018]
Trustee for time being or the executor or executors or
administrators or administ of the last surviving
gift was made to the testator's friend and solicitor as trustees and the Court being bound to disregard any evidence to the contrary ... Petitioners is that the 2nd Respondent/1st Petitioner is the surviving Founder Trustee and administering the property and further, that the tenants in occupation
trust estate vest
in the trustees by operation of law, but the document appointing a trustee does
not, by itself, create any such right ... plaintiffs. In that case, on the death of one of the trustees
a surviving settlor appointed a new trustee by an unregistered document relying
trustee, and accordingly, the trustees called the meeting and passed unanimous resolution. By the said resolution it is now clear that the trustees ... effect that when there is a vacancy the surviving or continuing trustee may appoint any person in such vacancy and from this provision the Tribunal
lifetime was ever a trustee. They maintain that, even if he was a trustee, his widow took from his surviving co-trustee Dwarkanath Bhanjoo: hence ... trustee and Dwarkanath Bhanjoo became sole trustee. On the appellants' own showing Purasundari took from him and is the assign of a trustee
Section 73 . Appointment of new trustees on death, etc. -- Whenever any person appointed a trustee disclaims, or any trustee, either original or substituted, dies ... surviving or continuing trustees or trustee for the time being, or
legal representative of the last surviving and continuing trustee, or (with the consent