chapter  12
3 Pages


Trustees may exercise such powers as are given to them by the trust instrument, by statute, or under the general law. A power is to be distinguished from a duty in that, whereas a duty is mandatory, a power is discretionary. The court will not normally interfere with trustees' exercise of their discretions, in the absence of bad faith, and although a trustee is under a duty to consider the exercise of his fiduciary powers, he will not be compelled to exercise them.