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N.__The subject matter jurisdiction of the court and venue for | | commencing a proceeding as provided in sections 203 and 204. |
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| | | §106. Common law of trusts; principles of equity |
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| | | The common law of trusts and principles of equity supplement | | this Code, except to the extent modified by this Code or another | | statute of this State. |
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| | | The meaning and effect of the terms of a trust are determined | | by: |
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| | | 1.__Law of jurisdiction designated; exception.__The law of the | | jurisdiction designated in the terms unless the designation of | | that jurisdiction's law is contrary to a strong public policy of | | the jurisdiction having the most significant relationship to the | | matter at issue; or |
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| | | 2.__Law of jurisdiction with most significant relationship.__ | | In the absence of a controlling designation in the terms of the | | trust, the law of the jurisdiction having the most significant | | relationship to the matter at issue. |
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| | | §108.__Principal place of administration |
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| | | 1.__Terms of trust controlling.__Without precluding other | | means for establishing a sufficient connection with the | | designated jurisdiction, terms of a trust designating the | | principal place of administration are valid and controlling if: |
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| | | A.__A trustee's principal place of business is located in or | | a trustee is a resident of the designated jurisdiction; or |
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| | | B.__All or part of the administration occurs in the | | designated jurisdiction. |
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| | | 2.__Duty of trustee.__A trustee is under a continuing duty to | | administer the trust at a place appropriate to its purposes, its | | administration and the interests of the beneficiaries. |
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| | | 3.__Transfer of place of administration.__Without precluding | | the right of the court to order, approve or disapprove a | | transfer, the trustee, in furtherance of the duty prescribed by | | subsection 2, may transfer the trust's principal place of | | administration to another state or to a jurisdiction outside of | | the United States. |
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