surviving or continuing trustees may
appoint any person or persons to be trustees in the place
or places of trustees so dying or convicted ... trustee or trustees shall be made by passing an unanimous
resolution in that behalf by all the surviving or continuing
trustees within six months from
Section 73 - Appointment of new trustees on death, etc.
Whenever any person appointed a trustee disclaims, of
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
question were still impressed
with the trust, for the removal the surviving
trustee and appointment of an a administrator to
realise the amount, recover position ... recovery of the trust properties. To this suit
they impleaded the surviving trustees and the
alienees as defendants. In this suit a preliminary
decree
against L's widow, C the
adopted son and the surviving trustee. This suit was also
based on the claim that L had inherited ... year 1951 and Gurlingappa Gungappa Gugwad, the
surviving trustee under the will of Rudrappa pleading inter
alia that "Rudrappa did not confer an absolute
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
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
trustees of a Trust served a notice in October 1933 upon the
Government of Bombay under s. 80 intimating that the
trustees intended to institute ... more trustees were appointed in the
place of the deceased trustee. Thereafter the two new
trustees and the surviving trustee filed the suit
distributed by way of legacy had vested in the executors
and trustees as trustees and thus the income of the
immovable properties specifically bequeathed ... trustees, died and
further proceedings were carried on by the surviving trustee
K.R. Patel. During the pendency of this appeal K.R. Patel
also
