Title 53, Chapter 12, Section 217
( 53-12-217)
(a) If any part of the principal consists of a right to receive
royalties, overriding or limited royalties, working interests,
production payments, net profit interests, or other interests in
minerals or other natural resources in, on, or under land,
regardless of whether any natural resource was being taken from the
land at the time the trust was established, the receipts from taking
the natural resources from the land shall be allocated to principal.
If any part of the principal consists of property subject to
depletion, including leaseholds, patents, copyrights, royalty
rights, and rights to receive payments on a contract for deferred
compensation, but excluding interests in minerals or other natural
resources as described above, and in timber or in land from which
merchantable timber may be removed, the trustee shall determine the
value and the useful life of the property as of the beginning of
each annual accounting period. Receipts shall be allocated to
principal to amortize that value; the balance of the receipts shall
be allocated to income. (b) A trustee that, on July 1, 1991, held an item of depletable
property of a type specified in this Code section may allocate
receipts from the property in the manner used before July 1, 1991,
but as to all depletable property acquired after July 1, 1991, by an
existing or new trust, the method of allocation provided in this
article shall be used. |