158. Trustees' power to invest by way of mortgage.

158.     Trustees' power to invest by way of mortgage.

The provision in the Trustee Act 2000 conferring on trustees, subject to the expression of a contrary intention in the trust instrument, the same power to make an investment of any kind1 as if they were absolutely entitled to the trust assets2 impliedly empowers trustees to lend trust money upon a mortgage of realty3.