New South Wales Repealed Acts

This legislation has been repealed.

PUBLIC TRUSTEE ACT 1913 - SECT 35

35 General powers of Public Trustee

(1) Where the Public Trustee is appointed trustee, executor, or administrator, or is otherwise authorised to act under this Act, then, unless expressly prohibited by this Act or by or under an instrument, the Public Trustee may, at the Public Trustee’s discretion, but in addition to and not as restricting any other powers, exercise the following powers:

(a) sell property by public auction or private contract, altogether or in parts, and subject to such conditions as the Public Trustee thinks fit,

(b) exchange property or join in a partition of property,

(b1) postpone the sale, calling in and conversion of any property that the Public Trustee has a duty to sell, other than property that is of a wasting, speculative or reversionary nature,

(c) lease property for a term not exceeding 10 years and give to a lessee an option of renewal if the aggregate duration of the lease and any such renewal does not exceed 10 years,

(c1) enter into any share-farming agreement for a period not exceeding 3 years,

(d) repair and insure against fire or accident any property and the cost of any such repairs shall be charged either to capital or to income or apportioned between capital and income as the Public Trustee may consider equitable,

(e) pay rates, taxes, assessments, insurance premiums, and other outgoings,

(f) borrow money upon the security of property, and secure the payment thereof and interest by mortgage or charge of such property, with or without a power of sale, and enter into such covenants, provisions, and agreements as may be agreed upon by the Public Trustee and the mortgagee. The power to give such security as aforesaid shall extend to any debt or liability incurred prior to the Public Trustee’s appointment, and the Public Trustee may pay the interest secured by such mortgage or charge out of the income, or, if such income be insufficient, out of capital,

(g) bring or defend any action, suit, or other proceeding, and suffer judgment to go by default, or consent to any decree or order in such action, suit, or proceeding, upon such terms as the Public Trustee thinks fit,

(h) take proceedings to cause a person to be adjudicated a bankrupt or a company to be placed in liquidation, and vote and act either personally or by proxy at meeting of creditors or shareholders, whether the company be in liquidation or not,

(i) take criminal proceedings touching or concerning property,

(j) pay debts, obligations, costs, and expenses,

(k) carry out contracts entered into before the Public Trustee’s appointment to any such office as aforesaid,

(l) consult with and employ such persons as the Public Trustee may deem expedient for the purpose of advising or assisting the Public Trustee in the due administration of any trust vested in the Public Trustee and remunerate any such person in such manner as the Public Trustee shall think fit,

(m) do or omit all acts and things, and execute all instruments necessary to carry into effect the powers and authorities hereby given:

The power conferred by paragraph (j) shall, in any case where the Public Trustee is appointed trustee, executor or administrator of the estate of any deceased person either alone or jointly with any other person, authorise the payment of the reasonable costs of the erection of a memorial or a tombstone over the grave of such deceased person or, where the deceased person is cremated, the reasonable costs of a memorial or of any arrangements made for the preservation of the ashes of such deceased person.