W.R.S. Katz and W.E. Katz were still Trustees with G.R.M. Moore in 1981.

In 1981 W.R.S. Katz and W.E. Katz suggested that G.R.M. Moore retire and be replaced by another Trustee - Mr Oliver.

There was correspondence between Mr Hanson, Mr W.R.S. Katz and Mr Moore between 1981 and 1983. There was discussion about Mr Moore retiring. At one point Mr Moore asked to retire and then didn't retire.

Janet Katz did not want Mr Oliver to be Trustee. In 1983 Mr Moore said he wished to retire from the Trust. I am not deciding whether Mr Hanson was Advocate to the Trust. Aside from that Mr Hanson drew up the Deed of discharge and indemnity. There was no suggestion at this time of the appointment of a new Trustee.

The Will of Margaret Helen Stewart Katz was silent about the appointment of new Trustees and so Mr Hanson had to go to Section 38(1) of the Trustee Act (under Section 35, Mr Moore could not have retired without the appointment of a new Trustee). As no new Trustee was to be appointed in Mr Moores place, then Section 38 would be the appropriate Section. That Section provides that as long as two Trustees are left then it is in order for the third or subsequent Trustee to retire. If G.R.M. Moore retired under Section 38(1) there would still have been W.R.S. Katz and W.E. Katz.

What Section 38 says is as follows:-

"Where a trustee is desirous of being discharged from the trust, and after his discharge there will be either a trust corporation or at least two individuals to act as trustees to perform the trust, then, if such trustee as aforesaid by deed declares that he is desirous of being discharged from the trust, and if his co-trustees and such other person, if any, as is empowered to appoint trustees, by deed consent to the discharge of the trustee, and to the vesting in the co-trustees alone of the trust property, the trustee desirous of being discharged shall be deemed to have retired from the trust, and shall, by the deed, be discharged therefrom under this Act, without any new trustee being appointed in his place."