3352x

If an expense is not properly incurred in the administration of a trust, a trustee shall not be entitled to indemnity from the trust property, unless:(a) The trustee has conferred a benefit upon trust property, in which case the indemnity shall only be made to the extent of the benefit conferred:(b) the transaction in which the expense is incurred is of such a character that the beneficiary would be in a position either to reject or accept it, and he would have accepted it, in which case the trustee is entitled to indemnity for the full amount of the expense.The provision in the preceding paragraph shall also apply to any contractual or tort liability in which the trustee may have incurred in the administration of the trust. History —Aug. 31, 2012, No. 219, § 31.