Title 53, Chapter 12, Section 232
( 53-12-232)
The following powers may be incorporated by reference, as provided
by this article: (1) To retain for such time as the fiduciary shall deem advisable
any property, real or personal, which the fiduciary may receive
even though the retention of the property by reason of its
character, amount, proportion to the total estate, or otherwise
would not be appropriate for the fiduciary apart from this
paragraph; (2) To sell, exchange, give options upon, partition, or otherwise
dispose of any property or interest therein which the fiduciary
may hold from time to time, with or without order of court, at
public or private sale or otherwise, upon such terms and
conditions, including credit, and for such consideration as the
fiduciary shall deem advisable, and to transfer and convey the
property or interest therein which is at the disposal of the
fiduciary, in fee simple absolute or otherwise, free of all trust;
the party dealing with the fiduciary shall not be under a duty to
follow the proceeds or other consideration received by the
fiduciary from the sale or exchange; (3) To invest and reinvest, as the fiduciary shall deem advisable,
in common or preferred stocks, bonds, debentures, notes,
mortgages, or other securities, in or outside the United States;
in insurance contracts on the life of any beneficiary or of any
person in whom a beneficiary has an insurable interest or in
annuity contracts for any beneficiary; in any real or personal
property; in investment trusts, including the securities of or
other interests in any open-end or closed-end management
investment company or investment trust registered under the
Investment Company Act of 1940, as from time to time amended; in
participations in common trust funds; and, generally, in such
property as the fiduciary shall deem advisable even though the
investment is not of the character approved by applicable law but
for this paragraph; (4) To make investments which cause a greater proportion of the
total property held by the fiduciary to be invested in investments
of one type or of one company than would be considered appropriate
for the fiduciary apart from this paragraph; (5) To the extent and upon such terms and conditions and for such
periods of time as the fiduciary shall deem necessary or
advisable, to continue or participate in the operation of any
business or other enterprise, whatever its form or organization,
including, but not limited to, the power: (A) To effect incorporation, dissolution, or other change in the
form of the organization of the business or enterprise; (B) To dispose of any interest therein or acquire the interest
of others therein; (C) To contribute or invest additional capital thereto or to
lend money thereto in any such case upon such terms and
conditions as the fiduciary shall approve from time to time; and
(D) To determine whether the liabilities incurred in the conduct
of the business are to be chargeable solely to the part of the
estate or trust set aside for use in the business or to the
estate or trust as a whole. In all cases in which the fiduciary is required to file accounts
in any court or in any other public office, it shall not be
necessary to itemize receipts, disbursements, and distributions of
property, but it shall be sufficient for the fiduciary to show in
the account a single figure or consolidation of figures, and the
fiduciary shall be permitted to account for money and property
received from the business and any payments made to the business
in lump sum without itemization; (6) To form a corporation or other entity and to transfer, assign,
and convey to the corporation or entity all or any part of the
estate or of any trust property in exchange for the stock,
securities, or obligations of any such corporation or entity, and
to continue to hold the stock and securities and obligations; (7) To continue any farming operation received by the fiduciary
pursuant to the will or other instrument and to do any and all
things deemed advisable by the fiduciary in the management and
maintenance of the farm and the production and marketing of crops
and dairy, poultry, livestock, orchard, and forest products,
including, but not limited to, the following powers: (A) To operate the farm with hired labor, tenants, or
sharecroppers; (B) To lease or rent the farm for cash or for a share of the
crops; (C) To purchase or otherwise acquire farm machinery, equipment,
and livestock; (D) To construct, repair, and improve farm buildings of all
kinds needed, in the fiduciary's judgment, for the operation of
the farm; (E) To make or obtain loans or advances at the prevailing rate
or rates of interest for farm purposes, such as for production,
harvesting, or marketing; or for the construction, repair, or
improvement of farm buildings; or for the purchase of farm
machinery, equipment, or livestock; (F) To employ approved soil conservation practices, in order to
conserve, improve, and maintain the fertility and productivity
of the soil; (G) To protect, manage, and improve the timber and forest on the
farm and to sell the timber and forest products when it is to
the best interest of the estate; (H) To ditch, dam, and drain damp or wet fields and areas of the
farm when and where needed; (I) To engage in the production of livestock, poultry, or dairy
products and to construct such fences and buildings and to plant
pastures and crops as may be necessary to carry on such
operations; (J) To market the products of the farm; and (K) In general, to employ good husbandry in the farming
operation; (8) To manage real property: (A) To improve, manage, protect, and subdivide any real
property; (B) To dedicate, or withdraw from dedication, parks, streets,
highways, or alleys; (C) To terminate any subdivision or part thereof; (D) To borrow money for the purposes authorized by this
paragraph for the periods of time and upon the terms and
conditions as to rates, maturities, and renewals as the
fiduciary shall deem advisable and to mortgage or otherwise
encumber the property or part thereof, whether in possession or
reversion; (E) To lease the property or part thereof, the lease to commence
at the present or in the future, upon the terms and conditions,
including options to renew or purchase, and for the period or
periods of time as the fiduciary deems advisable even though the
period or periods may extend beyond the duration of the trust or
of the administration of the estate involved; (F) To make gravel, sand, oil, gas, and other mineral leases,
contracts, licenses, conveyances, or grants of every nature and
kind which are lawful in the jurisdiction in which the property
lies; (G) To manage and improve timber and forests on the property, to
sell the timber and forest products, and to make grants, leases,
and contracts with respect thereto; (H) To modify, renew, or extend leases; (I) To employ agents to rent and collect rents; (J) To create easements and to release, convey, or assign any
right, title, or interest with respect to any easement on the
property or part thereof; (K) To erect, repair, or renovate any building or other
improvement on the property and to remove or demolish any
building or other improvement in whole or in part; and (L) To deal with the property and every part thereof in all
other ways and for such other purposes or considerations as it
would be lawful for any person owning the same to deal with the
property either in the same or in different ways from those
specified elsewhere in this paragraph; (9) To pay taxes, assessments, compensation of the fiduciary, and
other expenses incurred in the collection, care, administration,
and protection of the trust or estate; (10) To receive additional property from any source and to
administer the additional property as a portion of the appropriate
trust or estate under the management of the fiduciary, provided
that the fiduciary shall not be required to receive the property
without the fiduciary's consent; (11) In dealing with one or more fiduciaries: (A) To sell real or personal property to or to exchange such
property with the trustee of any trust which the decedent or the
settlor or his spouse or any child of his shall have created for
such estates and upon such terms and conditions as to sale
price, terms of payment, and security as shall seem advisable to
the fiduciary; and the fiduciary shall be under no duty to
follow the proceeds of any such sale; and (B) To borrow money for such periods of time and upon such terms
and conditions as to rates, maturities, renewals, and securities
as the fiduciary shall deem advisable from any trust created by
the decedent, his spouse, or any child of his, for the purpose
of paying debts of the decedent, taxes, the costs of the
administration of the estate, and like charges against the
estate or any part thereof or of discharging any other
liabilities of the trust or estate and to mortgage, pledge, or
otherwise encumber such portion of the estate or any trust as
may be required to secure the loan or loans and to renew the
loans; (12) To borrow money for such periods of time and upon such terms
and conditions as to rates, maturities, renewals, and security as
the fiduciary shall deem advisable, including the power of a
corporate fiduciary to borrow from its own banking department, for
the purpose of paying debts, taxes, or other charges against the
estate or any trust or any part thereof, and to mortgage, pledge,
or otherwise encumber such portion of the estate or any trust as
may be required to secure the loan or loans; and to renew existing
loans either as maker or endorser; (13) To make loans or advances for the benefit or the protection
of the trust or estate; (14) To vote shares of stock owned by the estate or any trust at
stockholders' meetings, in person or by special, limited, or
general proxy, with or without power of substitution; (15) To hold a security in the name of a nominee or in other form
without disclosure of the fiduciary relationship, so that title to
the security may pass by delivery; but the fiduciary shall be
liable for any act of the nominee in connection with the stock so
held; (16) To exercise all options, rights, and privileges to convert
stocks, bonds, debentures, notes, mortgages, or other property
into other stocks, bonds, debentures, notes, mortgages, or other
property; to subscribe for other or additional stocks, bonds,
debentures, notes, mortgages, or other property; and to hold the
stocks, bonds, debentures, notes, mortgages, or other property so
acquired as investments of the estate or trust so long as the
fiduciary shall deem advisable; (17) To unite with other owners of property similar to any which
may be held at any time in the decedent's estate or in any trusts,
in carrying out any plan for the consolidation or merger,
dissolution or liquidation, foreclosure, lease, or sale of the
property or the incorporation or reincorporation, reorganization
or readjustment of the capital or financial structure of any
corporation, company, or association, the securities of which may
form any portion of an estate or trust; to become and serve as a
member of a stockholders' or bondholders' protective committee; to
deposit securities in accordance with any plan agreed upon; to pay
any assessments, expenses, or sums of money that may be required
for the protection or furtherance of the interest of the
distributees of an estate or the beneficiaries of any trust with
reference to any such plan; and to receive as investments of an
estate or any trust any securities issued as a result of the
execution of such plan; (18) To reduce the interest rate from time to time on any
obligation, whether secured or unsecured, constituting a part of
an estate or trust; (19) To continue any obligation, whether secured or unsecured,
upon and after maturity, with or without renewal or extension,
upon such terms as the fiduciary shall deem advisable, without
regard to the value of the security, if any, at the time of the
continuance; (20) To foreclose, as an incident to the collection of any bond,
note, or other obligation, any mortgage, deed of trust, or other
lien securing the bond, note, or other obligation and to bid in
the property at the foreclosure sale or to acquire the property by
deed from the mortgagor or obligor without foreclosure; and to
retain the property so bid in or taken over without foreclosure; (21) To carry such insurance coverage, including public liability,
for such hazards and in such amounts, either in stock companies or
in mutual companies, as the fiduciary shall deem advisable; (22) To collect, receive, and issue receipts for rents, issues,
profits, and income of an estate or trust; (23) To compromise, adjust, arbitrate, bring or defend actions on,
abandon, or otherwise deal with and settle claims in favor of or
against the estate or trust as the fiduciary shall deem advisable;
the fiduciary's decision shall be conclusive between the fiduciary
and the beneficiaries of the estate or trust and the person
against or for whom the claim is asserted, in the absence of fraud
by such persons, and, in the absence of fraud, bad faith, or gross
negligence of the fiduciary, shall be conclusive between the
fiduciary and the beneficiaries of the estate or trust; (24) To employ and compensate, out of income or principal or both
and in such proportion as the fiduciary shall deem advisable,
persons deemed by the fiduciary needful to advise or assist in the
proper settlement of the estate or the administration of any
trust, including, but not limited to, agents, accountants,
brokers, attorneys at law, attorneys in fact, investment brokers,
rental agents, realtors, appraisers, and tax specialists; and to
do so without liability for any neglect, omission, misconduct, or
default of the agent or representative, provided he was selected
and retained with due care on the part of the fiduciary; (25) To acquire, receive, hold, and retain undivided the principal
of several trusts created by a single instrument until division
shall become necessary in order to make distributions; to hold,
manage, invest, reinvest, and account for the several shares or
parts of shares by appropriate entries in the fiduciary's books of
account and to allocate to each share or part of share its
proportionate part of all receipts and expenses; provided,
however, that this paragraph shall not defer the vesting in
possession of any share or part of share of the estate or trust; (26) To set up proper and reasonable reserves for taxes,
assessments, insurance premiums, depreciation, obsolescence,
amortization, depletion of mineral or timber properties, repairs,
improvements, and general maintenance of buildings or other
property out of rents, profits, or other income received; (27) To make distribution of capital assets of the estate or trust
in kind or in cash, or partially in kind and partially in cash, in
divided or undivided interests, as the fiduciary finds to be most
practicable and for the best interests of the distributees, and
the fiduciary may distribute types of assets differently among the
distributees; and to determine the value of capital assets for the
purpose of making distribution thereof if and when there are more
than one distributee thereof, which determination shall be binding
upon the distributees unless clearly capricious, erroneous, and
inequitable; (28) To make payments in money, or in property in lieu of money,
to or for a minor or incompetent in any one or more of the
following ways: (A) Directly to the minor or incompetent; (B) Directly in payment for the support; maintenance; education;
and medical, surgical, hospital, or other institutional care of
the minor or incompetent; (C) To the legal or natural guardian of the minor or
incompetent; or (D) To any other person, whether or not appointed guardian of
the person by any court, who shall, in fact, have the care and
custody of the person of the minor or incompetent. The fiduciary shall not be under any duty to see to the
application of the payments so made if the fiduciary exercised due
care in the selection of the person, including the minor or
incompetent, to whom the payments were made; and the receipt of
the person shall be full acquittance to the fiduciary; (29) To determine: (A) What is principal and what is income of any estate or trust
and to allocate or apportion receipts and expenses, as between
principal and income, in the exercise of the fiduciary's
discretion and, by way of illustration and not limitation of the
fiduciary's discretion, to charge premiums on securities
purchased at a premium against principal or income or partly
against each; (B) Whether to apply stock dividends and other noncash dividends
to income or principal or to apportion them as the fiduciary
shall deem advisable; and (C) What expenses, costs, and taxes, other than estate,
inheritance, and succession taxes and other governmental
charges, shall be charged against principal or income or
apportioned between principal and income and in what
proportions; (30) To make contracts and to execute instruments, under seal or
otherwise, as may be necessary in the exercise of the powers
granted in this Code section; (31) To serve without making and filing inventory and
appraisement, without filing any annual or other returns or
reports to any court, and without giving bond; but the fiduciary
shall furnish to the income beneficiaries, at least annually, a
statement of receipts and disbursements; and (32) To make distribution, whether of income or principal, from
the estate or trust to or for a person under the age of 21 years
by transferring the amount or property interest involved to a
custodianship for the benefit of such person created under and
governed by Article 5 of Chapter 5 of Title 44, known as "The
Georgia Transfers to Minors Act." |