26Non-liability for co-trustee’s default

Subject to the provisions of sections 13 and 15, one trustee is not, as such, liable for a breach of trust committed by his co -trustee:

Provided that, in the absence of an express declaration to the contrary in the instrument of trust, a trustee is so liable--

(a) where he has delivered trust-property to his co-trustee without seeing to its proper application;

(b) where he allows his co-trustee to receive trust-property and fails to make due enquiry as to the co-trustee's dealings therewith, or allows him to retain it longer than the circumstances of the case reasonably require;

(c) where he becomes aware of a breach of trust committed or intended by his co-trustee, and either actively conceals it or does not within a reasonable time take proper steps to protect the beneficiary's interest.

Joining in receipt for conformity.-- A co-trustee who joins in signing a receipt for trustproperty and proves that he has not received the same is not answerable, by reason of such signature only, for loss or misapplication of the property by his co-trustee.

Illustration

A bequeaths certain property to B and C, and directs . ahem to sell it and invest the proceeds for the benefit of D. B and C accordingly sell the property, and the purchase-money is received by B and retained in his hands. C pays no attention to the matter for two years and then calls on B to make the investment. B is unable to do so, becomes insolvent, and the purchase-money is lost. C may be compelled to make good the amount.