Provabati Biswas under the said Pradyut Kumar Sarkar, as the sole surviving trustee. On the 29-5-53 it is stated Suit. Provabati Biswas died ... opinion, the expression surviving trustee means the trustee who outlives the settlor and acts as trustee after the death of the settlor. In that light
equal shares. After the death of either of them the surviving trustee would act in terms of the stipulations of the trust deed. Thus trust ... reason therefor. Shortly after the death of Radheshyam on 25.06.62, the surviving trustee Sabitri executed another deed of appointment on 17.12.62 stating that she would
further provided that after the death of the settlor, the surviving trustee, Shyamrangini Roy Chowdhurani, would stand possessed of the said properties upon the trusts ... deceased son, Jaladhilal, which had devolved on the surviving sons.
(e) Shyamrangini as the surviving trustee under the said deed dated September 12, 1929, consented
Will or Deed any trustee in his place and on his death there remained only two trustees surviving viz., the petitioner, Chhaganlal Kothari ... more than five trustees nor there shall be less than three trustees and for appointment of new trustee according to the rules mentioned in Schedule
administration has been completed and the executors, and trustees were functioning as trustees simpliciter. The trustees are no longer executors and their functioning must ... trustees and one trustee was unable to act without the minimum number. The instrument indicates that in such event the Official Trustee will become
suit to enforce their security against the mortgagors and the surviving trustee for recovery of Rs. 4,76,571, and immediately after the institution ... person to be so appointed. The application was resisted by the surviving trustee Weatherall, who contended in substance that, so long as the trust-deed
have already been assured and transferred to the University by the surviving trustees under that deed.
19. The issues framed in the case ... that indenture by the transfer effected in their favour by the surviving trustees after the death of Sir Tarak Nath in accordance with the terms
behalf of the plaintiff Trust Estate and the three remaining or surviving trustees, who actually instituted the suit, were not competent either to institute ... does not, in law; necessarily or merely by itself, debar the surviving trustees from representing the Trust Estate, in case there is any vacancy (outstanding
appoint a trustee or a new trustee accordingly.
Rule for selecting new trustees.
Rule for selecting new trustees.-In appointing new
trustees, the Court shall ... donor himself a trustee.
The death of a trustee or trustees does not extinguish the trust.
The office of the trustee/trustees as well
Trustee may continue to act notwithstanding
any vacancy in the Trust Board. If the number of Trustees fall below the
fixed number of the Trustees ... said deed, in that event the
surviving/continuing Trustee shall be entitled to appoint new
Trustee/Trustees.
3
3. The plaintiff has received information from
