HC Deb 19 March 1891 vol 351 c1432
MR. F. S. STEVENSON (Suffolk, Eye)

I beg to ask the Attorney General whether it is competent for a bankrupt, whether discharged or undischarged, to act as trustee of charity lands; and whether a churchwarden, who is ex officio trustee, may act in that capacity if he be an undischarged bankrupt?


Until removed by the Court a bankrupt can act as trustee; but under Section 147 of the Bankruptcy Act, 1883, the Court has power to remove a trustee, and has done so both in cases in which the bankrupt has obtained his discharge as well as in cases where he is undischarged. It is not quite clear whether the section applies to an ex officio trustee—as, for instance, a churchwarden; but in almost all cases charities are governed by schemes containing clauses which would give the Court jurisdiction to deal with the trustee in the event of bankruptcy.