Can a trustee or mortgagee advance his own money to preserve trust property to preserve the trust property?
Saskatchewan, Canada
The following excerpt is from Battrum v. Noakes, 1930 CanLII 126 (SK QB):
I cannot find any law or any cases which require a trustee or mortgagee to advance his own money to preserve trust property. Any cases cited by the plaintiff refer to the duty of trustees where they had funds. A case where the trustee had no funds for that purpose is. Hobday v. Peters (1860) 28 Beav. 603, 54 E.R. 498, where it was held that the trustee had no duty to pay insurance premiums where he had no funds in the estate for that purpose.
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