The Trustee Acts : Including a Guide for Trustees to Investments

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[22 & 23 Vict. c. 35, s. 31.J This section substantially reproduces sect. 31 of Lord St. Leonards' Act. That section gave expression to what was known as the common indemnity clause, ■which was usually inserted in instruments of trust, and it did not alter the law as then administered by Courts of Equity (see judgment of Lord Selborne, in Rr Brier {o)). " With whom any trust moneys or securi- ties may be deposited " means properly deposited {^per Lord Selborne, in the case last referred to). It
... is clear that this section will not exonerate a trustee who improperly parts with the custody or control of the trust fund.
(o) (1884), 26 Ch. D. 238, 243.
94 APPOINTMENT OF TRUSTEES BY COURT.
§ 24. The trustees' expenses, including the costs of an action bond fide and reasonably brought for the protec- tion of the trust estate, are a first charge on both the income and the corpus of that estate, and may be retained out of income until they can be raised out of the corpus.
Stott V. Milne (p).


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