ALWIS v. JUANIS APPUHAMI.

ALWIS v. JUANIS APPUHAMI.

D. C, Colombo, 16,798.

Trustee-Ordinance No. 7 of 1871, ss. 4, 5-Trustee appointed under a postnuptial settlement deed-Death of trustee without appointing a successor- Successor nominated by District Court-Power of such trustee to substitute another person in his place.

    Where a postnuptial settlement deed creating a trust contained a power to appoint a new trustee, and, in the event of the District Court appointing such trustee, that he should have the power to appoint a new trustee,-

    Held, that the trustee appointed by the Court can lawfully exercise that power, and appoint a new trustee in his stead.

    IN this case the plaintiff, claiming to be the trustee of the postnuptial settlement of one James Perera and Alice Perera, sued the defendants on a bond, whereby it was alleged the first defendant became bound and indebted in a sum of Rs. 1,500 to one Don Bastian Perera Abeyesekere as trustee for the time being of the said postnuptial settlement.

    The plaint also alleged that the said Don Bastian Perera Abeyesekere died without appointing a successor, and that the District Court of Colomb

Click Here to Read the rest of this document