Trustees can only arise in the event that the
number of Trustees fall below three and if the surviving Trustee/s
fail to fill ... Body to appoint a Trustee
only in the event that the number of Trustees falls below three and
the surviving Trustees failed to fill
that if the said Trustees in and by these presents nominated or either of them or any future Trustee or Trustees to be appointed ... continuing Trustees or for the Executors or Administrators of the last surviving Trustee by any Deed or Deeds, instrument or instruments in writing, signed
carried out by the surviving trustees or trustee. It was pointed out that the very expression "trustees or trustee" as used ... together with the trustees or trustee appointed as hereinafter provided are unless otherwise designated referred to as the trustees or trustee." It was further
demise of the said
Motisingh, the said Gangasingh was the only surviving trustee.
On 22nd September, 1965, the said Gangasingh appointed two of
his four ... Indenture of Trust which
placed a specific restriction upon the surviving trustee viz. that the
trust property was to be distributed equally between sons
properly constituted trustees of the will. Clause 7 provides that on the death of a trustee the surviving trustees can appoint ... lifetime as the surviving trustee could have appointed new trustees, notwithstanding that Clause 7 refers to the plural "surviving trustees
surviving trustees never
appointed new trustees. Godavariben died on 2013, leaving behind
Respondent Nos. 1 and 2 as the only surviving trustees. The trust income ... power in any particular
trustee to unilaterally appoint a new trustee, unless of course such
particular trustee is the sole surviving trustee. That
Shia Asna Ashari religion to be a trustee or trustees in the place of the trustee or trustees so dying or renouncing the. Shia Asna ... continuing or surviving trustees, it necessarily enjoins upon all such trustees that they must join in appointment of new trustee.
11. Mr. Shah learned Counsel
right to nominate and appoint trustee or trustees in the place of retiring or dying trustee or trustees. Haji Ebrahim Jitayker, one of the settlors ... first defendant in this suit, a trustee in the place of the deceased trustee Hissamudin. The surviving trustee joined in the Indenture and conveyed
Commissioner, Wardha and how only defendant No.3, is
the sole surviving trustee. It is then claimed that one
of the trustees i.e. Ravishankar ... that in the suit,
even according to the petitioner, the sole surviving
trustee i.e. defendant No.3 has been made a party.
22. Section
2019 06:09:29 :::
63-CHS-986-2009.DOC
the surviving trustee of the said Joyeden Trust. It is stated that by
Supplemental Deed made ... August, 2008, the sole trustee
Junot C. Pereira, as the sole surviving trustee to the Indenture to
the Trust made on 29th October
