https://www.taxtmi.com/caselaws?id=292017 A suit against a trustee or ex-trustee to make good loss caused by failure to collect trust moneys is governed by the residuary limitation article, not the article for compensation for malfeasance, misfeasance or non-feasance independent of contract. The analysis reasons that trust-related claims are better captured by the specific trust context and that applying the other article would create an artificial distinction depending on whether the defaulting trustee lived or died within time. Under the residuary provision, limitation begins when the right to sue accrues to a person competent to sue: on appointment of a new trustee in the case of a sole defaulting trustee, immediately where non-liable co-trustees exist, and ordinarily from breach in a private trust. en-us Fri, 03 Dec 1937 00:00:00 +0530 Fri, 04 Dec 2020 13:52:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=292017 A suit against a trustee or ex-trustee to make good loss caused by failure to collect trust moneys is governed by the residuary limitation article, not the article for compensation for malfeasance, misfeasance or non-feasance independent of contract. The analysis reasons that trust-related claims are better captured by the specific trust context and that applying the other article would create an artificial distinction depending on whether the defaulting trustee lived or died within time. Under the residuary provision, limitation begins when the right to sue accrues to a person competent to sue: on appointment of a new trustee in the case of a sole defaulting trustee, immediately where non-liable co-trustees exist, and ordinarily from breach in a private trust. Case-Laws Indian Laws Fri, 03 Dec 1937 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=292017