Trustee
cannot renounce after acceptance.

46. A trustee who has accepted the trust cannot afterwards renounce
it except (a) with the permission of a principal Civil Court of original
jurisdiction, or (b) if the beneficiary is competent to contract, with
his consent, or (c) by virtue of a special power in the instrument of trust.

Trustee cannot delegate.

47. A trustee cannot delegate his office or any of his
duties either to a co-trustee or to a stranger, unless (a) the instrument of
trust so provides, or (b) the delegation is in the regular course of
business, or (c) the delegation is necessary, or(d) the beneficiary,
being competent to contract, consents to the delegation.

Explanation : The appointment
of an attorney or proxy to do an act merely ministerial and involving no
independent discretion is not a delegation within the meaning of this section.

Illustrations

(a) A bequeaths certain property to B and C on certain
trusts to be executed by them or the survivor of them or the assigns of such
survivor. B dies. C may bequeath the trust-property to D and E upon the trusts
of A's will.

(b) A is a
trustee of certain property with power to sell the same. A may employ an
auctioneer to effect the sale.

(c) A bequeaths to B fifty houses let at monthly rents in
trust to collect the rents and pay them to C. B may employ a proper person to
collect these rents.

Co-trustees cannot act singly.

48. When there
are more trustees than one, all must join in the execution of the trust, except
where the instrument of trust otherwise provides.

Control of discretionary power.

49. Where a discretionary power conferred on a trustee is
not exercised reasonably and in good faith, such power may be controlled by a
principal Civil Court of original jurisdiction.

Trustee may not charge for services.

50. In the absence of express directions to the contrary
contained in the instrument of trust or of a contract to the contrary entered
into with the beneficiary or the Court at the time of accepting the trust, a
trustee has no right to remuneration for his trouble, skill and loss of time in
executing the trust.

Nothing in this
section applies to any Official Trustee, Administrator General, Public Curator,
or person holding a certificate of administration.

Trustee
may not use trust property for his own profit.

51. A trustee may
not use or deal with the trust-property for his own profit or for any other
purpose unconnected with the trust.

Trustee
for sale or his agent may not buy.

52. No trustee whose duty it is to sell trust-property, and
no agent employed by such trustee for the purpose of the sale, may, directly or
indirectly, but the same or any interest therein, on his own account or as
agent for a third person.

Trustee
may not buy beneficiary's interest without permission.

53. No trustee, and no person who has recently ceased to be a
trustee, may, without the permission of a principal Civil Court of original
jurisdiction, buy or become mortgagee or lessee of the trust-property or any
part thereof; and such permission shall not be given unless the proposed
purchase, mortgage or lease is manifestly for the advantage of the beneficiary.

Trustee for
purchase.

And no trustee whose duty it is to buy or to obtain a
mortgage or lease of particular property for the beneficiary may buy it, or any
part thereof, or obtain a mortgage or lease of it, or any part thereof, for
himself.

Co-trustees
may not lend to one of themselves.

54. A trustee or co-trustee whose duty it is to invest
trust-money on mortgage or personal security must not invest it on a mortgage
by, or on the personal security of, himself or one of his co-trustees.