Ex parte: Trustee of Ziman's Trust [1914] ZAWLD 34 (20 November 1914)

Trust.-Power to administer, alienate and dispose of trust property and to apply income for maintenance.-Power to mortgage Income.-Power to add unexpended income tocapital.-Construction.-No power to ,mortgage corpus.-Temporary and permanent addition to capital.

Trustees of a fund with power to administer, ma.nage, control, alienate or otherwise dispose of the trust property ; to mortgage income therefrom ; and to add
unexpended income to capital, upon trust to apply income to the maintenance of the cestuis. que trustent, Held, not to include power to mortgage, anything but the income, and only such income as was not permanently added tc capital. Held, further, that no addition of income to capita.I was permanent until such addition had been communicated to the cestuis que trustent.