If an authorized trustee has unlimited discretion to invade the principal of a trust, and the same trustee or another trustee has the power to invade principal under the trust instrument and the power is not subject to unlimited discretion, then the authorized trustee having unlimited discretion may exercise the power of appointment under section 59-16.1-04.

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Terms Used In North Dakota Code 59-16.1-08

  • Trustee: A person or institution holding and administering property in trust.