5. (1) The summons shall be served, O. LVI, rr. 5, 6. 682 Service of (a) Where the application is made by or on behalf of a summons. trustee, on the other trustee (if any); and (b) Where the application is made by or on behalf of a beneficiary, on the trustees (if any); and in either (2) The Court or a Judge may give any directions it or he thinks fit, either dispensing with the service of the summons on any person on whom it is required to be served under this Rule, or requiring the service of the summons on any person on whom it is not required to be served under this Rule. J. T. R. 1897, r. 3, (E). 683 be supplied on 6. (1) Where an application is made for the appointment Statement to or removal of a trustee by originating summons, the applicant application. must when he takes out the summons, supply for the use of the Court or Judge a written statement signed by him containing the following particulars so far as he can gain information with regard to them: (a) A short description of the trust and instrument by (b) Where a person is nominated as trustee, his name and (c) Short particulars of the trust property, with an ap- (d) The names and addresses of the beneficiaries and (e) Any exceptional circumstances specially affecting O. LVI, rr. 7-9. 684 Removal of restriction as to appointment of cer (2) An affidavit by the applicant verifying the statement shall be sufficient prima facie evidence of the particulars contained in the statement. (3) Where the applicant cannot gain the information necessary for making the required statement on any point,. he must mention the fact in his statement. J. T. R. 1897, r. 4, (E), am. 7. The Court or a Judge shall not be precluded by any existing practice as to the appointment of trustees from aptain persons to pointing any person to be a trustee by reason of that person be 685 Vesting orders. 686 Advice of Court to trustees on originating summons. being a beneficiary, or a relation or husband or wife of a beneficiary, or a solicitor to the trust, or to the trustee, or to any beneficiary, or a married woman, or standing in any special position with regard to the trust. J. T. R. 1897, r. 5 (1), (E). 8. On the appointment of any person to be a trustee the Court or Judge shall make such vesting or other orders and exercise such other powers as may be necessary for vesting the trust property in the trustee either as sole trustee or jointly with other trustees as the case requires. J. T. R. 1897, r. 6, (E), am. 9. Any trustee, executor or administrator shall be at liberty, without the institution of an action, to apply by originating summons to the Court or a Judge for the opinion, advice or direction of the Court or a Judge on any question respecting the management or administration of the trust property, or the assets of any testator or intestate; such summons shall be served upon, or the hearing thereof attended by, all persons interested in such application, or such of them as the Court or Judge shall direct to be served, and the application shall be supported by such evidence as the Court or Judge may require; and the trustee, executor or administrator acting upon the opinion, advice or direction given by the Court or Judge, shall he deemed so far as regards his own responsibility, to have discharged his duty as such trustee, executor or administrator in the subject matter of the said application; provided, nevertheless, that nothing herein shall 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 administrator shall have been guilty of any frand or wilful concealment or misrepresentation in obtaining such opinion, advice or direction. C. S. 1903, c. 112, s. 222, am. 0. LVI, rr. 10, 11. 687 of interest in trust. 10. Any person or persons who may be seized of, possessed Sale or letting of or entitled to real estate, leasehold estate or any interest in land held in land, upon trust for the use and enjoyment, or for the benefit in praesenti or in futuro of any other person or persons, may apply to the Court or a Judge by originating summons for an order to sell and dispose of the said property, and the application shall be supported by such evidence as the Court or Judge may require, and if the disposal of such property, or any part thereof, be necessary for the support of the cestui que trust orcestuis que trustent, or if the interests of the cestui que trust or cestuis que trustent will be substantially promoted by its disposal, on account of the property or any part of it being exposed to waste or dilapidation, or being wholly unproductive, or for any other reasonable cause, the Court or Judge may, on the filing of a bond by the trustees or trustee, as the case may be, with such sureties, and to such person or persons, and in such form as shall be directed, order the letting for a term of years, the sale or other disposal by such trustees or trustee of such real estate, leasehold estate or interest in land so held by them or him in trust, in such manner and with such restrictions as shall be deemed expedient. C. S. 1903, c. 112, s. 223, am. 688 or lease. 11. All sales, leases and conveyances made in good faith Effect of sale by any trustees or trustee in pursuance of such order, shall be effectual if a sale be made, to convey to the purchaser all such title to the property as the trustees or trustee have or has at the time of the sale, but discharged from the trust or trusts affecting the same; and if a lease be made, shall be effectual to give to the lessee during the term of the lease, all such title to the property as the trustees or trustee have or has at the time of the lease, discharged, during the term of such lease from the trust or trusts affecting the same. In any conveyance or lease made under the authority of this Order, it shall not be necessary to recite any part of the proceedings required Contents of by this Order, but the same shall briefly refer to the order and the sale, leasing or other disposal of such property. The trustees or trustee shall make and file with the proper officer deed or lease. a report of any sale or lease made by them or him, under the authority of any such order. C. S. 1903, c. 112, s. 224. 12. Upon any order being made as aforesaid, the Court or Judge may make such order for the investment, disposal or application of the proceeds of the property sold or leased, after payment of costs and expenses, and of the increase and interest arising therefrom, and shall secure the same for the benefit of the cestui que trust or cestuis que trustent. C. S. 1903, c. 112, s. 225. 13. No sale made as aforesaid shall give to any cestui que trust any other or greater interest or estate in the proceeds of such sale than he had in the estate so sold. C. S. 1903, c. 112, s. 226. 14. Every conveyance or lease made under the provisions of this Order, duly acknowledged or proved and registered shall be evidence that all the proceedings on which the same is founded were rightly had. C. S. 1903, c. 112, s. 227. ORDER LVII. DECLARATION ON ORIGINATING SUMMONS. 1. Any person claiming to be interested under a deed, will or other written instrument, may apply to the Court or a Judge by originating summons for the determination of any question of construction arising under the instrument, and for a declaration of the rights of the persons interested. O. 54a, r. 1, (E). 2. The Court or a Judge may direct such persons to be served with the summons as they or he may think fit. O. 54u., r. 2, (E). 3. The application shall be supported by such evidence as the Court or a Judge may require. O. 54., r. 3, (E). 4. The Court or Judge shall not be bound to determine any such question of construction if in their or his opinion it ought not to be determined on originating summons. O. 54. r. 4, (E). ORDER LVIII. ADMINISTRATIONS AND TRUSTS; FORECLOSURE AND REDEMPTION; INQUIRIES FOR CREDITORS, ETC. O. LVIII, r. l. 696 summons express trusts istration of a deceased [Cf. R. 938, (O)]. 1. The executors or administrators of a deceased person Originating or any of them, and the trustees under any deed or instrument relating to or any of them, and any person claiming to be interested in or the adminthe relief sought as creditor, devisee, legatee, next of kin, or the estate of heir-at-law of a deceased person, or as cestui que trust under person. the trust of any deed or instrument, or as claiming by assignment or otherwise under any such creditor or other person as aforesaid, may issue, as of course, an originating summons returnable before the Judge in Equity, in Court or in Chambers, for such relief of the nature or kind following, as may by the summons be specified, and as the circumstances of the case may require (that is to say), the determination, without an administration of the estate or trust, of any of the following questions or matters: (a) Any question affecting the rights or interests of the (b) The ascertainment of any class of creditors, legatees, (c) The furnishing of any particular accounts by the (d) The payment into court of any money in the hands (e) Directing the executors or administrators or trustees (f) The approval of any sale, purchase, compromise, or (g) The determination of any question arising in the (E). |