Title 53, Chapter 8, Section 5
( 53-8-5)
(a) Unless otherwise provided in the will, a personal representative
is authorized to retain the property received by the personal
representative on the creation of the estate, including, in the case
of a corporate fiduciary, stock or other securities of its own
issue, even though the property may not otherwise be a legal
investment and a personal representative shall not be liable for
such retention, except for gross neglect. In the case of corporate
securities, a personal representative may likewise retain the
securities into which the securities originally received are
converted or which are derived therefrom as a result of merger,
consolidation, stock dividends, splits, liquidations, and similar
procedures; and a personal representative may exercise by purchase
or otherwise any rights, warrants, or conversion features attaching
to any such securities. This Code section applies to all property
held by a personal representative on March 28, 1961, under estates
previously created, except that it shall not relieve a personal
representative from liability for loss which had already accrued on
or before March 28, 1961. (b) In the case of a corporate fiduciary, the authority granted in
subsection (a) of this Code section shall apply to the exchange or
conversion of stock or securities of the corporate fiduciary's own
issue, whether or not any new stock or securities received in
exchange therefor are substantially equivalent to those originally
held; and such authority shall also apply to the continued retention
of all new stock and securities resulting from merger,
consolidation, stock dividends, splits, liquidations, and similar
procedures and received by virtue of such conversion or exchange of
stock or securities of the corporate fiduciary's own issue, whether
or not the stock or securities are substantially equivalent to those
originally received by the fiduciary. The authority granted in
subsection (a) of this Code section shall have reference, inter
alia, to the exchange and continued retention of such stock or
securities for stock or securities of any holding company which owns
stock or other interests in one or more other corporations including
the corporate fiduciary, whether the holding company is newly formed
or already existing and whether or not any of the corporations owns
assets identical or similar to the assets of or carries on
businesses identical or similar to the corporation the stock or
securities of which were previously received by the fiduciary; and
any such authority shall apply regardless of whether any of the
corporations has officers, directors, employees, agents, or trustees
in common with the corporation the stock or securities of which were
previously received by the fiduciary. |