(2) Where any person who is appointed by will both executor and trustee thereof renounces probate, or after being duly cited or summoned fails to apply for probate, or dies before probate is granted to him, and letters of administration with the will annexed are granted to any other person, the person who obtains the grant shall, by virtue of the grant and without further appointment, be deemed to be appointed trustee of the will in the place of the person who was appointed by the will. No. 5770 s. 47. 47 Trustee company obtaining grant to become trustee (1) Where a trustee company has pursuant to the S. 47(1) amended by provisions of any Act obtained a grant of probate Nos 55/1987 of a will or letters of administration with the will s. 57(3)(Sch. 5 item 71), annexed (as the case may be) upon the authority 45/1994 of any person who has been appointed by the will s. 42(Sch. item of a deceased person to be both executor and 12.13(a)(b)). trustee thereof then by virtue of the grant and without further appointment the trustee company shall be deemed to be appointed trustee of the will in the place of the person by whose authority the trustee company applied for the grant. (2) Where any person who is appointed by will both S. 47(2) amended by executor and trustee thereof, and who has Nos 10168 obtained a grant of probate, appoints by power of s. 3, 55/1987 s. 57(3)(Sch. 5 attorney pursuant to section 16 of the Trustee items 72, 73), Companies Act 1984 a trustee company to act as 45/1994 s. 42(Sch. executor in his stead, the trustee company while item 12.14 so acting shall, by virtue of this section and (a)–(d)). without further appointment, be deemed in the place of that person to have all the powers and discretions of that person as a trustee of the will; and section 16 of the Trustee Companies Act 1984 shall apply with respect to every act of the trustee company acting as trustee of the will
(2) Where any person who is appointed by will both executor and trustee thereof renounces probate, or after being duly cited or summoned fails to apply for probate, or dies before probate is granted to him, and letters of administration with the will annexed are granted to any other person, the person who obtains the grant shall, by virtue of the grant and without further appointment, be deemed to be appointed trustee of the will in the place of the person who was appointed by the will. No. 5770 s. 47. 47 Trustee company obtaining grant to become trustee S. 47(1) amended by Nos 55/1987 s. 57(3)(Sch. 5 item 71), 45/1994 s. 42(Sch. item 12.13(a)(b)). (1) Where a trustee company has pursuant to the provisions of any Act obtained a grant of probate of a will or letters of administration with the will annexed (as the case may be) upon the authority of any person who has been appointed by the will of a deceased person to be both executor and trustee thereof then by virtue of the grant and without further appointment the trustee company shall be deemed to be appointed trustee of the will in the place of the person by whose authority the trustee company applied for the grant. S. 47(2) amended by Nos 10168 s. 3, 55/1987 s. 57(3)(Sch. 5 items 72, 73), 45/1994 s. 42(Sch. item 12.14 (a)–(d)). (2) Where any person who is appointed by will both executor and trustee thereof, and who has obtained a grant of probate, appoints by power of attorney pursuant to section 16 of the Trustee Companies Act 1984 a trustee company to act as executor in his stead, the trustee company while so acting shall, by virtue of this section and without further appointment, be deemed in the place of that person to have all the powers and discretions of that person as a trustee of the will; and section 16 of the Trustee Companies Act 1984 shall apply with respect to every act of the trustee company acting as trustee of the will
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