153. Trustee's power to mortgage.

(ii)     Trustees

153.     Trustee's power to mortgage.

A trustee may not mortgage the trust property1 save in pursuance of a power to do so expressly or impliedly conferred upon him by the instrument creating the trust2, or in pursuance of a power conferred by statute3, or in pursuance of a court order4. A power to mortgage will be implied from a power of sale if the power of sale is given for the purpose of raising a particular charge, but not if the testator's object is to effect an absolute conversion