A Practical Exposition of the Principles of Equity, Illustrated By the Leading Decisions Thereon : for Students And Practitioners

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495; He Barker's Trusts, 371. 1 Ch. D. 43; and see B. A. 1883 (V) O'Keefe «. Calthorpe, 1 (46 & 47 Viot. c. 52), s. 147.
Atk. 18. (?) Exp. Phelps, 9 Mod. 357.
(«) Lee V. Young, 2 Y. & C. ^^^ ^^p_ jigy^gi^^^ g ygg, 707 ■(») See' Att.-Gm. v. Coopers'' W ^^^^^''^ "■ ^V^'^. 2 Ves. jr.
Co., 19 Ves. 192. "*• (0) O'Beilly v. 'Alderson, 8 (0 Story's Eq. Jur. s. 1289.
Hare, 101.
Digitized by Microsoft® 152 DUTIES AND LIABILITIES OF TRUSTEES.
Principies guidii'g appointment of new trustees.
New trustees
...appointed under statutory- powers.
Trustee Act, 1893.
him with the costs of such removal, and the appointment of a successor (u) .
Where the Court so interferes it will proceed to appoint new trustees to fill the office, and in so doing will be guided (1) by the wishes of the creator of the trust, if ascertain- able; (2) by a due regard for the interests of all parties concerned, not favouring any particular class; and (3) by the nature of the trust and the question by whose instru- mentality it can best be carried into execution (x) .


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