For the purposes of this section, unless a court otherwise directs:

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Terms Used In North Dakota Code 59-16.1-17

  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Trustee: A person or institution holding and administering property in trust.

1.    An authorized trustee may not exercise a power authorized under sections 59-16.1-04 and 59-16.1-05 to change the provisions regarding the determination of the compensation of a trustee. The commissions or other compensation payable to the trustees of the invaded trust may continue to be paid to the trustees of the appointed trust during the term of the appointed trust and must be determined in the same manner as in the invaded trust.

2.    A trustee may not receive a paying commission or other compensation for appointing of property from the invaded trust to an appointed trust under sections 59-16.1-04 and 59-16.1-05.