Powers, duties, rights and liabilities of trustees – Indemnity, lien and reimbursement – Trustees appointed to act as trustees for sale – Prior to completion of sale, trustees proposed to withhold an amount from proceeds of sale to cover legal costs in respect of proceedings threatened by beneficiary – Beneficiary objected to trustees’ proposal – Trustees backed down and did not retain any moneys from proceeds of sale in respect of future costs or remuneration – Beneficiary pursued threatened proceedings – Trustees incurred substantial legal costs – Whether trustees entitled to order that beneficiary pay trustees’ costs of proceedings brought by beneficiary on indemnity basis – Where proceeds of sale already distributed to beneficiaries – Order that beneficiary pay trustees’ costs of proceedings brought by beneficiary other than costs incurred in breach of trust – EQUITY – Trusts and trustees – Powers, duties, rights and liabilities of trustees – Remuneration – Allowance by the Court – Whether trustees entitled to remuneration for work in defending proceedings brought against them by beneficiary – Order that trustees entitled only to their proper remuneration in administration of trust for sale.
