THE LAW OF TRUST 367
(iii) There is also a third category of cases which are cases of a trust coupled with a power.
These are cases where a trustee of a property though under an obligation to apply it for the benefit of certain individuals or purposes, may have a discretion as to whether he will or will not do certain specified acts, or as to the amount to be applied for any one individual or purpose or as to the time and manner of its application. In such cases, the Court will prevent the trustee from exercising the power unreasonably, it will not compel him to do such acts or attempt to control the proper exercise of his discretion.
- Power resembles a trust and also differs from it.
(i) It resembles a trust inasmuch as a power is an authority to dispose of some interest in land, but confers no right to enjoyment of land.
(ii) It differs from a trust inasmuch as a power is discretionary, whereas a trust is imperative ; the trustee if he accepts must necessarily do as the settlor directs.
- VII. N EW T RUSTEES .
(1) Survivorship of the office and estate or trustee on death.
*(2) Devolution of the office and estate on Death of the survivor.
*(3) Retirement or Removal of a Trustee.
*(4) Appointment of New Trustees.
VIII. A PPOINTMENT OF A J UDICIAL T RUSTEE .
IX. T HE P UBLIC T RUSTEE .
(1) Nature and Function.
*(2) Appointment of a Public Trustee as an ordinary Trustee.
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