Section 74
Appointment by Court.
About this Act
An Act to define and amend the law relating to Private Trusts and Trustees.
Whenever any such vacancy or disqualification occurs and it is
found impracticable to appoint a new trustee under section 73, the beneficiary may, without instituting
a suit, apply by petition to a principal Civil Court of original jurisdiction for the appointment of a
trustee or a new trustee, and the Court may appoint a trustee or a new trustee accordingly.
Rule for selecting new trustees.-- In appointing new trustees, the Court shall have regard (a) to the wishes of the author of the trust as expressed in or to be inferred from the instrument of trust; (b) to the wishes of the person, if any, empowered to appoint new trustees; (c) to the question whether the appointment will promote or impede the execution of the trust; and (d) where there are more beneficiaries than one, to the interests of all such beneficiaries.
Rule for selecting new trustees.-- In appointing new trustees, the Court shall have regard (a) to the wishes of the author of the trust as expressed in or to be inferred from the instrument of trust; (b) to the wishes of the person, if any, empowered to appoint new trustees; (c) to the question whether the appointment will promote or impede the execution of the trust; and (d) where there are more beneficiaries than one, to the interests of all such beneficiaries.