Section 10-10.7. Exercise of powers by multiple fiduciaries; joint and several  


Latest version.
  • powers
        Unless contrary to the express provisions of an  instrument  affecting
      the  disposition  of  property,  a  joint  power  other  than a power of
      appointment, conferred upon three or more fiduciaries, as that  term  is
      defined  in  11-1.1,  by the terms of such instrument, or by statute, or
      arising by operation of law, may be exercised  by  a  majority  of  such
      fiduciaries,  or  by  a  majority  of  survivor  fiduciaries,  or by the
      survivor fiduciary.  Such a power conferred upon  or  surviving  to  two
      such fiduciaries may be exercised jointly by both such fiduciaries or by
      the  survivor  fiduciary,  unless  contrary  to the express terms of the
      instrument creating the power. A fiduciary  who  fails  to  act  through
      absence  or  disability, or a dissenting fiduciary who joins in carrying
      out the decision of a majority of the  fiduciaries  if  his  dissent  is
      expressed promptly in writing to his co-fiduciaries, shall not be liable
      for  the  consequences of any majority decision, provided that liability
      for failure to join in administering the estate or trust or to prevent a
      breach of the trust may not thus be avoided.  A power vested in  one  or
      more  persons  under a trust of real property created in connection with
      the salvaging of mortgage participation certificates may be executed  by
      one  or  more  of  such persons as provided in such trust.  This section
      shall not  affect  the  right  of  any  one  of  two  or  more  personal
      representatives of a decedent to exercise a several power.