(a) Compliance with the prudent investor rule is determined:
(1) in light of the facts and circumstances existing at the time of a trustee‘s decision or action and not by hindsight; and

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Terms Used In New Hampshire Revised Statutes 564-B:9-905

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Trustee: A person or institution holding and administering property in trust.

(2) by the trustee’s conduct and not by the return realized from the investment and management of the trust assets.
(b) A trustee’s failure to realize a return that equals or exceeds any financial index is not evidence of a trustee’s failure to comply with the prudent investor rule.