A Concise Manual of the Law Relating to Private Trusts And Trustees

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55, s. 32.
after the 28th August, 1860. [f) 32 & 33 Vict. C. 71, s. 32 Ee Barker, L. K. , 1 Ch. Div. 43 EETIREMEXT AKD REMOVAL OF TRUSTEES. 149 abroad (g), or cannot be beard of (//), And tbe court can discbarge an old trustee witbout neces- sarily appointing a new one in bis place, if it be difficult or impossible to do so {i). Tbe costs of tbe application will come out of tbe estate if tbe trustee is justified in retiring (/. •), or wbere tbe removal is not caused by impropriety on bis part.
...Illust. — The only points in this article which need illustration are the circumstances which will justify a trustee in retiring. In Forshmv v. Higginson (J), the late Master of tlie Eolls said : " It is quite settled that a trustee cannot f roin mere caprice retire from the perfonnance of his trust witjiout pajdng the costs occasioned by that act ; it is also quite clear, that any cn'cumstances arising in tbe administration of the trust which have altered the nature of his duties justify him in leaving it, and entitle him to receive Ids costs; but I think that to justify him in that course the circumstances must be such as arise out of the administration of the trtist, and not those relating to himself individuallg.

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