Right to proper trustees

Right to proper trustees.-The beneficiary has a right (subject to the provisions of the instrument of trust) that the trust-property shall be properly protected and held and administered by proper persons and by a proper number of such persons. Explanation I.-The following are not proper persons within the meaning of this section:- A person domiciled abroad; an alien enemy; a person having an interest inconsistent with that of the beneficiary; a convict; and, unless the personal law of the settlor allows otherwise, a married woman and a minor. Explanation II.-When the administration of the trust involves the receipt and custody of money, the number of trustees should be two at least. Illustrations.

1. (a) A, one of several trustees, is employed in the active business of the trust. B may require A to be removed.
2. (b) A bequeaths certain jewels to B in trust for C. B dies during A's lifetime; then A dies. C is entitled to have the property conveyed to a trustee for him.
3. (c) A conveys certain property to four trustees in trust for B. Two of the trustees die. B may institute a suit to have two new trustees appointed in the place of the deceased trustees.
4. (d) A conveys certain property to trustees in trust for B. All the trustees disclaim. B may institute a suit to have three trustees appointed.
5. (e) A, a trustee for B, refuses to act, is continuously absent from India, or is declared an insolvent, or desires to be discharged from the trust, or suffers a co-trustee to commit a breach of trust.