91-9-405 - Applicability of Sections 91-9-401 and 91-9-403 when contrary to trust instrument.
§ 91-9-405. Applicability of Sections 91-9-401 and 91-9-403 when contrary to trust instrument.
The provisions of Sections 91-9-401 and 91-9-403 shall not apply to any trust to the extent that a court of competent jurisdiction shall determine that such application would be contrary to the terms of the instrument governing such trust and that the same may not properly be changed to conform to such sections. The trustee shall not be held liable to anyone for any payments made under Section 91-9-403 prior to such determination.
Sources: Codes, 1942, § 672-203; Laws, 1972, ch. 423, § 3, eff from and after passage (approved April 28, 1972).