Judicial determination that restrictive provisions are contrary to instrument creating trust.

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55-9-13. Judicial determination that restrictive provisions are contrary to instrument creating trust.

Sections 55-9-7 to 55-9-12, inclusive, shall not apply to the extent that a court of competent jurisdiction shall determine that such application would be contrary to the terms of the will, trust instrument, or other governing instrument described in §55-9-7 and that such will, trust instrument or other governing instrument may not be changed to conform to §§55-9-8 to 55-9-12, inclusive.

Source: SL 1972, ch 259, §3.


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