A Trust gives power to appoint trustees to the settlor, who is also a trustee. There is a deed purporting to retire the settlor as trustee and appoint two others, in which it states that the power to appoint trustees
is vested in the retiring and two continuing trustees, wheras it is vested in the retiring trustee alone in her capacity as settlor.
Would members agree it is reasonable to take this as a valid appointment of trustees on the basis that one of those who appoints the new trustees is the settlor, albeit she has power alone to do so in a different capacity?
lt is complicated by the fact that the settlor has now lost mental capacity, so cannot ratify what was done.