5 VLR EQ 314GRANT v. GRANT Supreme Court of Victoria, In Equity MOLESWORTH, J. 02 December 1879Administration suit — Maintenance — Discretion of trustees — Charities — Liberty to trustees to contribute to — Appointment of new trustee — Defendant — Abatement — Order of revivor.
Where a testator gave his trustees a discretion as to the amount of maintenance to be allowed for his infant child, the Court, in an administration suit, declined to interfere or fix a proper sum. Where a testator was a partner in mines, and used, with his partners, to subscribe to local charities, and died, leaving a large fortune to an only child, and his partners continued their donations, the Court gave his trustees liberty to join the other partners in proportionate contributions. In an administration suit by a sole beneficiary against two trustees, a new trustee was, after decree, appointed, and the estate vested in him in place of one of them, upon the application of the other original trustee; and, with the consent of the plaintiff, an order of revivor was made.