43Capital money may be raised by sale, mortgage, etc. of trust property

##### 43. Capital money may be raised by sale, mortgage, etc. of trust property (1) Where a trustee is authorised by the instrument (if any) creating the trust or by or under this Act or any other Act or by law to pay or apply capital money subject to the trust for any purpose or in any manner, he has and shall be deemed always to have had power to raise the money required by sale, conversion, calling in or mortgage of all or any part of the trust property for the time being in possession; and where a trustee, in the exercise of his powers in that behalf, purchases any property for the trust, he has and shall be deemed always to have had power to make the purchase on terms of deferred payment or on mortgage of that property. (2) This section applies notwithstanding anything to the contrary contained in the instrument (if any) creating the trust.