Trustee Act, 1931
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Appointment of new trustees where the appointer is the holder of an extinct office. |
4.—(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 power of appointing or nominating or of consenting to or approving of the appointment of new trustees is, by the instrument creating the trust or an order under this section or otherwise, vested either solely or in conjunction with another person or other persons in the holder for the time being of an 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 or new trustees the High Court may, in lieu of appointing a new trustee or new trustees, make an order vesting the power of appointing or nominating or of consenting to or approving of the appointment of new trustees (as the case may require) in the holder for the time being of a specified office 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 vesting the power of appointing or nominating or of consenting to or approving of the appointment of new trustees in the holder for the time being of a specified office, 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 order, have and exercise the said power either (as the case may require) alone or in conjunction with the other person or persons in whom such power is for the time being vested. | ||
(4) The High Court shall not make an order under this section vesting the power of appointing or nominating or of consenting to or approving of the appointment of new trustees in the holder of an office unless the person who is the holder of such office at the date of such order consents thereto. |