Beneficiaries to take equally unless otherwise directed; effect of giving trustee discretion

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Where a disposition under a power is directed to be made to or among or between several persons, without any specifications of the share or sum to be allotted to each, all the persons designated shall be entitled to an equal proportion. But when the terms of the power import that the estate or fund is to be distributed between the persons so designated, in such manner or proportions as the trustee of the power may think proper, the trustee may allot the whole to any 1 or more of such persons in exclusion of the others.

(Mar. 3, 1901, 31 Stat. 1354, ch. 854, § 1051.)

Prior Codifications

1981 Ed., § 45-115.

1973 Ed., § 45-1015.


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