The power of removal and appointment of a trustee under a discretionary trust deed is fiduciary in nature and must be exercised for the benefit of the beneficiaries as a whole, even where the initial appointors were also beneficiaries. The nature of the power remains the same regardless of the identity of the appointor. A plaintiff challenging the exercise of the power bears the onus of proving breach, and where the appointor's evidence is unchallenged and leaves open the conclusion that the removal was in the interests of the beneficiaries, the challenge will fail.
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