Trustee Act, 1931
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Appointment of new trustee in place of the holder of an extinct office. |
3.—(1) The power of the High Court under section 25 of the Trustee Act, 1893 to make an order appointing a new trustee or new trustees shall extend to every case in which the holder for the time being of an office was, by the instrument creating the trust or an order under this section or otherwise, constituted to be a trustee by virtue of and during his tenure of such office, and such office has ceased to exist, whether such cesser occurred before or after or by reason of the establishment of Saorstát Eireann or before or after the passing of this Act. | |
(2) Where the High Court has power under the said section 25 as extended by this section to make an order appointing a new trustee, the High Court may, in lieu of appointing a particular person to be such new trustee, make an order appointing the holder for the time being of a specified office to be a trustee by virtue of and during his tenure of such office in the place of the holder of the office the cesser of which occasioned such appointment. | ||
(3) Where the High Court makes an order under this section appointing the holder for the time being of a specified office to be a trustee, the person who is at the date of such order and from time to time thereafter the holder of that office shall, by virtue of and during his tenure thereof and without any further or other appointment, be such trustee. | ||
(4) The High Court shall not make an order under this section appointing the holder for the time being of an office to be a trustee unless the person who is the holder of such office at the date of such order consents thereto. |