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New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 7-2.1 Extent of trustee's estate

Current as of January 01, 2021 | Updated by FindLaw Staff

(a) Except as otherwise provided in this article, an express trust vests in the trustee the legal estate, subject only to the execution of the trust, and the beneficiary does not take any legal estate in the property but may enforce the trust.

(b) This section does not prevent the creator of a trust from providing to whom the property shall belong in the event of the failure or termination of the trust or from disposing of the property subject to the execution of the trust. Such a transferee shall have a legal estate in the property as against all persons except the trustee and those lawfully claiming under him.

(c) A trust as described in sections 9-1.5, 9-1.6 and 9-1.7 of the estates, powers and trusts law, including a business trust as defined in subdivision two of section two of the general associations law, may acquire property in the name of the trust as such name is designated in the instrument creating said trust. Any property, so acquired can be conveyed, encumbered or otherwise disposed of only in such name by a conveyance, encumbrance or other instrument executed by:

(1) the person or persons authorized by the instrument creating said trust; or

(2) the person or persons authorized by a resolution duly adopted by the trustees; or

(3) a majority of the trustees unless the instrument creating said trust otherwise provides.

Any instrument of conveyance, encumbrance or disposition delivered prior to the effective date of this section to or by a trust to which this section applies, in its trust name is hereby validated provided that no action or proceeding to cancel or disaffirm it shall be instituted within one year from the effective date hereof, but nothing herein contained shall affect any such pending action or proceeding.

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Cite this article: FindLaw.com - New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 7-2.1 Extent of trustee's estate - last updated January 01, 2021 | https://codes.findlaw.com/ny/estates-powers-and-trusts-law/ept-sect-7-2-1/

Read this complete New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 7-2.1 Extent of trustee's estate on Westlaw

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