Application and interpretation of rules of law and terms of trust
Applied in 8 court decisions — leading case Malachowski v. Bank One, Indianapolis (1992)
Most recently applied in Stephanie A. Schrage v. In the Matter of the Seberger Living Trust u/t/d April 27, 2009 (March 2016)
Formerly: Acts 1971, P.L.416, SEC.2.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Sec. 3. (Application and Interpretation of the Rules of Law and the Terms of the Trust)
The rules of law contained in this article shall be interpreted and applied to the terms of the trust so as to implement the intent of the settlor and the purposes of the trust. If the rules of law and the terms of the trust conflict, the terms of the trust shall control unless the rules of law clearly prohibit or restrict the article which the terms of the trust purport to authorize.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.