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This entry was published on 2014-09-22
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SECTION 8-1.7
Authority of trustee to accumulate income
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 8, PART 1
§ 8-1.7 Authority of trustee to accumulate income

(a) Where property has been transferred in trust for any religious,
charitable, educational or benevolent purpose, or acquired by the
trustee of a trust for such purpose, the trustee is authorized in his
discretion, notwithstanding the absence of any direction therefor in the
disposition creating the trust, to accumulate the income therefrom to
the extent necessary to carry out the purposes of the trust. The
authority herein granted is subject:

(1) To any express or implied prohibition by the terms of the
disposition creating the trust, by any statute in force at the time of
the accumulation or by the charter of a corporate trustee or other
document or regulation controlling the trustee in the administration of
the trust.

(2) To the supervision of the supreme court or the surrogate's court,
as provided in 8-1.1, and to any contrary direction by order of the
court in an action or proceeding thereunder.

(b) This section shall not restrict in any manner the appropriation
for expenditure or accumulation of endowment funds as set forth in
section 553 of the not-for-profit corporation law.