Section 32:
Right to reimbursement of expenses.
Every trustee may reimburse himself, or pay
or discharge out of the trust-property, all expenses properly incurred in or about the execution
of the trust, or the realisation, preservation or benefit of the trust-property, or the protection
or support of the beneficiary.
If he pays such expenses out of his own pocket he has a first charge upon the trust-property
for such expenses and interest thereon; but such charge (unless the expenses have been incurred
with the sanction of a principal Civil Court of original jurisdiction) shall be enforced only by
prohibiting and disposition of the trust-property without previous payment of such expenses and
interest.
If the trust-property fail, the trustee is entitled to recover from the beneficiary personally
on whose behalf he acted, and at whose request, expressed or implied, he made the payment,
the amount of such expenses.
Right to be recouped for erroneous over-payment.-- Where a trustee has by mistake made
an over-payment to the beneficiary, he may reimburse the trust-property out of the beneficiary's
interest. If such interest fail, the trustee is entitled to recover from the beneficiary personally the
amount of such over-payment.