§554A-6 - Powers exercisable by joint trustees; liability.
[§554A-6] Powers exercisable by joint
trustees; liability. (a) Any power vested in three or more trustees may
be exercised by a majority, but a trustee who has not joined in exercising a
power is not liable to the beneficiaries or to others for the consequences of
the exercise; and a dissenting trustee is not liable for the consequences of an
act in which the trustee joins at the direction of the majority of the
trustees, if the trustee expressed a dissent in writing to any of the co-trustees
at or before the time of the joinder.
(b) If two or more trustees are appointed to
perform a trust, and if any of them is unable or refuses to accept the
appointment, or, having accepted, ceases to be a trustee, the surviving or
remaining trustees shall perform the trust and succeed to all the powers,
duties, and discretionary authority given to the trustees jointly.
(c) This section does not excuse a co-trustee
from liability for failure either to participate in the administration of the
trust or to attempt to prevent a breach of trust. [L 1985, c 61, pt of §1]