Trustees' Relief (CAP. 448 1

CHAPTER 448

THE TRUSTEES' RELIEF ACT

Arrangement of Sections
Section

Short title.
Trustees may pay trust moneys, or transfer stocks and

securities into the High Court.
High Court to make orders on petition, without bill, for

application of trust moneys and administration of
trust.

High Court may make orders &c.
Any Judge may, upon application by majority of

trustees, &c., order payment or transfer of trust
moneys or securities into the High Court.

Trustees, &c., making payment under power of attor-
ney, not to be liable by reason of death of party giv-
ing such power.

As to liability of executor or administrator in respect of
rents, covenants, or agreements.

As to liability of executor, kc., in respect of rent, &c., in
conveyance on rent charge.

As to distribution of the assets of testator or intestate
after notice given by executor or administrator.

Trustee, executor &c., may apply by petition to Judge
for opinion, advice, kc., in management, &c., of
trust property, kc.

Every trust instrument to be deemed to contain clauses
for the indemnity and reimbursement of the
trustees.

Form of applying for advice ofJudge. kc., under section 10.
High Court may make general orders as to investment

of cash, &c.
Trustees, kc., to invest trust funds in the securities, kc.,

in which cash under control of Court may be
invested.

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Trustees' Relief (CAP. 448 3

TRUSTEES' RELIEF

1. This Act may be cited as the Trustees' Relief Act.

2. All trustees, executors, administrators, or other Trusteesmaypay
trust moneys, or

persons having in their hands any moneys belonging to any stocks
trust whatsoever, or the major part of them, shall be at liber- ~nd~ecurities,

Into the High ty, on filing an affidavit shortly describing the instrument cow,
creating the trust, according to the best of their knowledge
and belief, to pay the same into the High Court in the mat-
ter of the particular trust (describing the same by the names
of the parties, as accurately as may be, for the purpose of
distinguishing it), in trust to attend the orders of the said
Court; and all trustees or other persons having any
Government securities standing in their names, or in the
names of any deceased persons of whom they shall be per-
sonal representatives, upon any trusts whatsoever, or the
major part of them, shall be at liberty to transfer or deposit
such securities into or in the name of the Registrar of the
High Court, with his privity, in the matter of the particular
trust (describing the same as aforesaid), in trust to attend
the orders of the said Court; and, in every such case, the
receipt of the Registrar of the said Court for the money so
paid, or, in the case of securities, of the transfer or deposit
of such securities, shall be a sufficient discharge to such
trustees, or other persons, for the money so paid, or the
securities so transferred or deposited.

3. Such orders as shall seem fit shall be, from time to z$h,F~z;~
time, made by the said High Court in respect of the trust petition,without
moneys or securities so paid in, transferred, and deposited bfl? forapplica-

tion of trust mon-
as aforesaid, and for the investment and payment of any eysand
such moneys, or of any dividends or interest on any such 2;""trationof
securities, and for the transfer and delivery out of any such
securities and for the administration of any such trusts gen-
erally, upon a petition to be presented in a summary way to
a Judge, without bill, by such party, or parties, as to such
Judge shall appear to be competent and necessary in that
behalf; and service of such petition shall be made upon
such person, or persons, as such Judge shall see fit and

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4 CAP. 448) Trustees' Relief

direct; and every order made upon such petition shall have
the same authority and effect, and shall be enforced and
subject to re-hearing and appeal, in the same manner as if
the same had been made in a suit regularly instituted in the
Court: and, if it shall appear that any such trust funds can-
not be safely distributed without the institution of one or
more suit or suits, such Judge may direct any such suits to be
instituted.

High Court may
make orders &c.

4. The High Court shall have power, and is hereby
authorized, to make such orders as shall, from time to time,
seem necessary for the better carrying of the provisions of
this Act into effect.

Any Judge may,
upon application
by majority of
trustees, &c.,
order payment or
transfer of trust
moneys or securi-
ties into the High
Court.

5. If, upon any petition presented to a Judge in the
matter of this Act, it shall appear to such Judge, before
whom such petition shall be heard, that any moneys or secu-
rities are vested in any persons as trustees, executors, or
administrators, or otherwise, upon trusts within the mean-
ing of this Act, and that the major part of such persons are
desirous of transferring, paying, or delivering the same to
the Registrar of the High Court under the provisions of this
Act, but that, for any reason, the concurrence of the other
or others of them cannot be had, it shall be lawful for such
Judge as aforesaid to order and direct such transfer, pay-
ment, or delivery to be made by the major part of such per-
sons without the concurrence of the other or others of
them; and, where any such moneys or Government securi-
ties shall be deposited with any banker or other depository,
it shall be lawful for such Judge as aforesaid to make such
order for the payment or delivery of such moneys or
Government securities to the major part of such trustees,
executors, administrators, or other persons as aforesaid, for
the purpose of being paid or delivered to the said Registrar
of the High Court, as to the said Judge shall seem meet; and
every transfer of any securities, and every payment of money
or delivery of securities in pursuance of any such order,
shall be as valid and effectual as if the same had been made
on the authority, or by the act, of all the persons entitled to
the securities so transferred, or the moneys or securities so
paid or delivered, respectively, and shall fully protect and
indemnify all persons acting under or in pursuance of such
order.

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Trustees' Relief (CAP. 448 5

Trustee, &c., mak- 6. No trustee, executor, or administrator making any . mg payment
payment, or doing any act, b o n i f i d e under or in pursuance under power of
of any power of attorney shall be liable for the moneys so ~~~~~~r~~~~
paid, or the act so done, by reason that the person who gave death of party @v-
the power was dead at the time of such payment or act, or '"gSUChPoWer.
had done some act to avoid the power:

Provided that the fact of the death, or of the doing of
such act as last aforesaid, at the time of such payment or act
bon& fide done as aforesaid by such trustee, executor, or
administrator, was not known to him:

Provided also, that nothing herein contained shall in
any manner affect or prejudice the right of any person enti-
tled to the money against the person to whom such payment
shall have been made, but that such person so entitled shall
have the same remedy against such person to whom such
payment shall be made as he would have had against the
trustee, executor, or administrator, if the money had not
been paid away under such power of attorney.

7. Where an executor or administrator, liable as As to liability of
such to the rents, covenants, or agreements contained in orin in
any lease, or agreement for a lease, granted or assigned to respect of rents,
the testator or intestate whose estate is being administered, g:,",",:
shall have satisfied all such liabilities under the said lease, or
agreement for a lease, as may have accrued due and been
claimed up to the time of the assignment hereafter men-
tioned, and shall have set apart a sufficient fund to answer
any future claim that may be made in respect of any fixed
and ascertained sum covenanted or agreed by the lessee to
be laid out on the property demised, or agreed to be
demised, although the period for laying out the same may
not have arrived, and shall have assigned the lease, or agree-
ment for a lease, to a purchaser thereof, he shall be at liber-
ty to distribute the residuary personal estate of the deceased
to and amongst the parties entitled thereto respectively,
without appropriating any part, or any further part (as the
case may be), of the personal estate of the deceased to meet
any future liability under the said lease, or agreement for a
lease; and the executor or administrator so distributing the
residuary estate shall not, after having assigned the said
lease, or agreement for a lease, and having, when necessary,

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6 CAP. 448) Trustees' Relief

set apart such sufficient fund as aforesaid, be personally
liable in respect of any subsequent claim under the said
lease, or agreement for a lease; but nothing herein con-
tained shall prejudice the right of the lessor, or those claim-
ing under him, to follow the assets of the deceased into the
hands of the person or persons to or amongst whom the
said assets may have been distributed.

~s to liability of 8. In like manner, where an executor or an adminis-
executor, &c., in
respectofrent, trator, liable as such to the rent, covenants, or agreements
res tin^^^^^^^^^ contained in any conveyance on chief rent or rent-charge
on rent charge.

(whether any such rent be by limitation of use, grant, or
reservation), or agreement for such conveyance, granted or
assigned to, or made or entered into with, the testator or
intestate whose estate is being administered, shall have satis-
fied all such liabilities under the said conveyance, or agree-
ment for a conveyance, as may have accrued due and been
claimed up to the time of the conveyance hereafter men-
tioned, and shall have set apart a sufficient fund to answer
any future claim that may be made in respect of any fixed or
ascertained sum, covenanted, or agreed by the grantee to be
laid out on the property conveyed, or agreed to be con-
veyed, although the period for laying out the same may not
have arrived, and shall have conveyed such property, or
assigned the said agreement for such conveyance as afore-
said, to a purchaser thereof, he shall be at liberty to dis-
tribute the residuary personal estate of the deceased to and
amongst the parties entitled thereto respectively, without
appropriating any part, or any further part (as the case may
be), of the personal estate of the deceased to meet any
future liability under the said conveyance or agreement for
a conveyance; and the executor or administrator so dis-
tributing the residuary estate shall not, after having made or
executed such conveyance or assignment, and having,
where necessary, set apart such sufficient fund as aforesaid,
be personally liable in respect of any subsequent claim
under the said conveyance or agreement for a conveyance;
but nothing herein contained shall prejudice the right of
the grantor, or those claiming under him, to follow the
assets of the deceased into the hands of the person or per-
sons to or among whom the said assets may have been dis-
tributed.

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Trustees' Relief (CAP. 448 7

9. Where an executor or administrator shall have $Ee%Ep-
given such or the like notices, as in the o~inion of the Court the testator or
u

in which such executor or administrator is sought to be ~''z~-?$~~
charged, would have been given by the Court in an adminis- executor or
tration suit, for creditors and others to send in to the execu- admimtor.
tor or administrator their claims against the estate of the
testator or intestate, such executor or administrator shall, at
the expiration of the time named in the said notices, or in
the last of the said notices, for sending in such claims, be at
liberty to distribute the assets of the testator or intestate, or
any part thereof, amongst the parties entitled thereto, hav-
ing regard to the claims of which such executor or adminis-
trator has then notice, and shall not be liable for the assets,
or any part thereof, so distributed, to any person of whose
claim such executor or administrator shall not have had
notice at the time of distribution of the said assets, or a part
thereof, as the case may be; but nothing in the present Act
contained shall prejudice the right of any creditor or
claimant to follow the assets, or any part thereof, into the
hands of the person or persons who may have received the
same respectively.

10. Any trustee, executor, or administrator shall be Trustee, executor,
&c., may apply by at liberty, without the institution of a suit, to apply by peti- petition to~udge

tion to any Judge of the High Court, or by summons upon a for opinion,
advice, &c., in

written statement to any Judge at Chambers, for the opin- maqement, kc.,
ion, advice, or direction of such Judge on any question of-tproperty,

&c.
respecting the management or administration of the trust
property, or the assets of any testator or intestate, such appli-
cation to be served upon, or the hearing thereof to be
attended by, all persons interested in such application, or
such of them as the said Judge shall think expedient; and
the trustee, executor, or administrator acting upon the
opinion, advice, or direction given by the said Judge shall be
deemed, so far as regards his own responsibility, to have dis-
charged his duty as such trustee, executor, or administrator,
in the subject matter of the said application:

Provided, nevertheless, that this Act shall not extend to
indemnify any trustee, executor, or administrator, in respect
of any act done in accordance with such opinion, advice, or
direction, as aforesaid, if such trustee, executor, or adminis-
trator shall have been guilty of any fraud or wilful conceal-
ment or misrepresentation in obtaining such opinion,

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8 CAP. 448) Trustees' Relief

advice, or direction; and the costs of such application, as
aforesaid, shall be in the discretion of the Judge to whom
the said application shall be made.

Every trust instru-
ment to be

11. Every deed, will, or other instrument creating a
deemed to contain trust, either expressly or by implication, shall, without preju-
dausesforthe dice to the clauses actually contained therein, be deemed to
indemnity and
reimbursement of contain a clause in the words or to the effect following, that
the trustees. is to say: "That the trustees, or trustee, for the time being, of

the said deed, will, or other instrument shall be respectively
chargeable only for such moneys, funds and securities, as
they shall, respectively actually receive, notwithstanding
their respectively signing any receipt for the sake of confor-
mity, and shall be answerable and accountable only for their
own acts, receipts, neglects, or defaults, and not for those of
each other, nor for any banker, broker, or other person with
whom any trust moneys or securities may be deposited, nor
for the insufficiency or deficiency of any stocks, funds, or
securities, nor for any other loss, unless the same shall hap-
pen through their own wilful default respectively; and also
that it shall be lawful for the trustees or trustee, for the time
being, of the said deed, will or other instrument to reim-
burse themselves or himself, or pay or discharge, out of the
trust premises, all expenses incurred in or about the execu-
tion of the trusts or powers of the said deed, will, or other
instrument."

Form of applying
for advice of 12. Where any trustee, executor, or administrator
Judge, &c., under shall apply for the opinion, advice, or direction of the Court
sec. lo. under section 10, the petition or statement shall be signed

by counsel, and the Judge by whom it is to be answered may
require the petitioner or applicant to attend him by coun-
sel, either in Chambers or in Court, where he deems it nec-
essary to have the assistance of counsel.

High Court may
make general

13. It shall be lawful for the High Court to make
orders as to invest- S U C ~ general orders, from time to time, as to the investment
mentofcash,&c. of cash under the control of the Court in such funds or

securities as it shall think fit.

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Trustees' Relief (CAP. 448 9

Trustees, &c., to 14. When any such general order as aforesaid shall . Invest trust funds
have been made, it shall be lawful for trustees, executors, or in the securities,
administrators, having power to invest their trust funds ~ ; e ~ ~ ~ ~ ~ ~ h
upon Government or other securities in Antigua and Courtmaybe "
~Lrbuda, to invest such trust funds, or any part thereof, in '"Vested.
any of such securities in or upon which, by such general
order, cash under the control of the Court may from time to
time be invested.