such order, and the previous trustee or trustees (if any) shall be exempt from the liability as trustees of such property save in respect ... Power of private trustees to appoint Official Trustee to be trustee of property
(1) If any property is subject to a trust other than
order of primogeniture should be trustees and conduct the said charities. The settlor died in 1895, leaving him surviving his widow and Arunachellam, his only
Bhowmick and Jogendra Nath Biswas
were to be the joint Shebaits and trustees with equal
rights. On the same day, ie. 9-4-1904 Indra ... full sixteen annas trustee and
Shebait, but if the other branch also become
extinct or heirless or become incapable for
the Trustee and Shebaitship, then
death or discharge of one of several co-trustees, the trust survives and the trust-property passes to the others, unless the instrument of trust
three original Trustees are dead. The first defendant is the widow, and executrix of the Will of Merwanji one of the original Trustees. The plaintiff ... late father Kharsetji who was another original Trustee. Defendants Nos. 10 and 11 are the surviving executors of the Will of Sorabji Hormusji Bottlewalla
Trustees Of Chaturbhuj Raghavji Trust vs Commissioner Of Income-Tax, Bombay ... on 10 October, 1962
Equivalent citations: [1963]50ITR693(BOM)
JUDGMENT
V. S. Desai ... held by the trustees upon trust to pay to Champavahoo, the wife of the settlor, if she should survive the settlor, during the term
estate, and removal of the defendant from the office of trustee. The plaint was afterwards amended by striking out the names of the two plaintiffs ... delivered judgment, ordering that the surviving plaintiff and the defendant should be removed from their office as executors and trustees under the will, and directing
specific recital as under :--
"Vendor as such sole surviving Executor and Trustee as aforesaid doth hereby grant, convey and transfer unto the Purchaser
unit allocated to Laila Begum was
concerned, the trustees were directed by sub-clause (a) of
clause (4) to pay the income of this ... leaving any child or remoter issue him surviving,
sub-clause (b) of clause (4) provided that the trustees
shall divide the four units allocated
take over charge of
the temple from the appellant de facto managing trustee. The
appellant, therefore, challenged the said order by filing
the writ petition ... Guntur, had appointed
the appellant as hereditary trustee of the Ashram, that the
said order did not survive after the 1987 Act as office
