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TRUSTEE ACT, 1931

Type Act
Publication 1931-07-08
State In force
Text As published
Source Irish Statute Book
articles 6

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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AN ACT TO MAKE PROVISION FOR THE APPOINTMENT OF NEW TRUSTEES AND FOR THE EXERCISE OF POWERS BY TRUSTEES IN CERTAIN CASES WHERE DIFFICULTIES IN REGARD TO SUCH APPOINTMENT OR EXERCISE ARE OCCASIONED BY REASON OF AN OFFICE, TITLE, OR DIGNITY HAVING CEASED TO EXIST. [8th July, 1931]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the word “office” includes any office, post, or situation, whether paid or unpaid, and any title or dignity;

the word “instrument” includes an Act of the Parliament of Ireland, an Act of the United Kingdom Parliament, and an Act of the Oireachtas;

the words “trust” and “trustee” have the meanings assigned to them respectively by section 50 of the Trustee Act, 1893.

2 Construction.

2.—This Act shall be read and construed as one with the Trustee Act, 1893, and accordingly every order made by the High Court under this Act shall, for the purpose of the Trustee Act, 1893, be deemed to be an order made under that Act.

3 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.

4 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.

5.—(1) Where a power of sale or any other power (except a power of appointing new trustees), whether special or general, vested in any trustees is, by the instrument creating the trust or otherwise, exercisable only with the consent or at the request or subject to the approval of the holder for the time being of a particular office (either alone or in conjunction with another person or other persons) 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, the High Court may, on the application of such trustees, either—

6 Short title and citation.

6.—(1) This Act may be cited as the Trustee Act, 1931.

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