15. Care required from trustee.—
A trustee is bound to deal with the trust -property as
carefully as a man of ordinary prudence would deal with such property if it were his own; and, in the
absence of a contract to the contrary, a trustee so dealing is not responsible for the loss, destruction or
deterioration of the trust-property.
Illustrations
(a) A, living in Calcutta, is a trustee for B, living in Bombay. A remits trust -funds to B by bills drawn by a
person of undoubted credit in favour of the trustee as such, and payable at Bombay. The bills are dishonoured. A is
not bound to make good the loss.
(b) A, a trustee of leasehold property, directs the tenant to pay the rents on account of the trust to a banker, B, then
in credit. The rents are accordingly paid to B, and A leaves the money with B only till wanted. Before the money is
drawn out, B becomes insolvent. A, having had no reason to believe that B was in insolvent circumstances, is not bound
to make good the loss.
(c) A, a trustee of two debts for B, releases one and compounds the other, in good faith, and reasonably
believing that it is for B’s interest to do so. A is not bound to make good any loss caused thereby to B.
1. See now the Indian Registration Act, 1908 (16 of 1908).
8
(d) A, a trustee directed to sell the trust-property by auction, sells the same, but does not advertise the sale and
otherwise fails in reasonable diligence in inviting competition. A is bound to make good the loss caused thereby to the
beneficiary.
(e) A, a trustee for B, in execution of his trust, sells the trust -property, but from want of due diligence on his
part fails to receive part of the purchase-money. A is bound to make good the loss thereby caused to B.
(f) A, a trustee for B of a policy of insurance, has funds in hand for payment of the premiums. A neglects to
pay the premiums, and the policy is consequently forfeited. A is bound to make good the loss to B.
(g) A bequeaths certain moneys to B and C as trustees, and authori ses them to continue trust-moneys upon the
personal security of a certain firm in which A had himself invested them. A dies, and a change takes place in the
firm. B and C must not permit the moneys to r emain upon the personal security of the new firm.
(h) A, a trustee for B, allows the trust to be executed solely by his co-trustee, C. C misapplies the trust-property. A is
personally answerable for the loss resulting to B.
Login with google