Title 53, Chapter 12, Section 211
( 53-12-211)
(a) A trust shall be administered with due regard to the respective
interests of income beneficiaries and remainder beneficiaries. A
trust is so administered with respect to the allocation of receipts
and expenditures if a receipt is credited or an expenditure is
charged to income or principal or partly to each: (1) In accordance with the terms of the trust notwithstanding
contrary provisions of this chapter; (2) In the absence of any contrary terms of the trust in
accordance with the provisions of this chapter; or (3) If neither of the preceding rules of administration is
applicable, in accordance with what is reasonable and equitable in
view of: (A) The interests of income beneficiaries as well as of
remainder beneficiaries; and (B) The manner in which a prudent person acting in a like
capacity would act in the management of the property of another. (b) If the trust gives the trustee discretion in crediting a receipt
or charging an expenditure to income or principal or partly to each,
no inference that the trustee has improperly exercised such
discretion shall arise from the fact that the trustee has made an
allocation contrary to a subsequent provision of this chapter. |