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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Zoller, Petitioner [1867] ScotLR 5_371 (11 March 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/05SLR0371.html
Cite as: [1867] ScotLR 5_371, [1867] SLR 5_371
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SCOTTISH_SLR_Court_of_Session
Page: 371↓
Court of Session Inner House First Division.
Facts:
The 12th section of the Administration of Trusts Act, applies to the case of a lapsed trust.
The 12th section of the Administration of Trusts Act, 30 and 31 Vict., c. 97, provides that in cases where trustees cannot be assumed under any trust-deed, or where any sole acting trustee has become insane or incapable of acting by reason of physical or mental disability, the Court may appoint a trustee or trustees under the trust-deed.
The Court held that this section of the Act applied to the case of a lapsed trust, where the last surviving trustee had died without having assumed any new trustees.
A. C. Lawrie for Petitioner.
Solicitors: Agents— Gibson-Craig, Dalziel, & Brodies, W.S.