A bequeaths to B his three leasehold houses in Calcutta and all the furniture in them, in trust for C…
The duty to convert wasting property under section 16 applies "unless an intention to the contrary may be inferred from the instrument of trust". In illustration (b) to…
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A bequeaths to B his three leasehold houses in Calcutta and all the furniture in them, in trust for C during his life, then for D during his life, and then for E. The will shows clearly that the houses and furniture are to be enjoyed in specie. Under the Indian Trusts Act, 1882, what should B do?
Answer and explanation
Correct answer A
The duty to convert wasting property under section 16 applies "unless an intention to the contrary may be inferred from the instrument of trust". In illustration (b) to section 16 the will shows clearly that the houses and furniture are to be enjoyed in specie, so "B should not sell them". The wasting nature of the leaseholds does not override the testator's expressed wish.