reglab/housing_qa huggingface dataset:
ID Code § 68-102 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-102 - DEATH, RENUNCIATION, OR DISCHARGE OF TRUSTEE — SURVIVAL OF TRUST.

68-102. DEATH, RENUNCIATION, OR DISCHARGE OF TRUSTEE — SURVIVAL OF TRUST. On the death, renunciation, or discharge of one (1) of the several number of trustees, the trust survives to the others.  History: [(68-102) 1919, ch. 19, sec. 2, p. 82; C.S., sec. 6418; I.C.A., sec. 66-102.]
ID Code § 68-103 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-103 - COMPENSATION OF TRUSTEES.

68-103. COMPENSATION OF TRUSTEES. When a declaration of trust is silent upon the subject of compensation, the trustee is entitled to the same compensation as an executor. If it specifies the amount of his compensation, he is entitled to the amount thus specified and no more.  History: [(68-103) 1919, ch. 19, sec. 3, p. 82; C.S., sec. 6419; I.C.A., sec. 66-103.]
ID Code § 68-104 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-104 - UNIFORM TRUSTEES’ POWERS ACT — DEFINITIONS.

68-104. UNIFORM TRUSTEES’ POWERS ACT — DEFINITIONS. As used in this act: (1) "Trust" means an express trust created by a trust instrument, including a will, whereby a trustee has the duty to administer a trust asset for the benefit of a named or otherwise described income or principal beneficiary, or both; "trust" does not include a resulting or constructive trust, a business trust which provides for certificates to be issued to the beneficiary, an investment trust, a voting trust, a security instrument, a trust created by the judgment or decree of a court, a liquidation trust, or a trust for the primary purpose of paying dividends, interests, interest coupons, salaries, wages, pensions or profits, or employee benefits of any kind, an instrument wherein a person is nominee or escrowee for another, a trust created in deposits in any financial institution, or other trust the nature of which does not admit of general trust administration; (2) "Trustee" means an original, added, or successor trustee; (3) "Prudent man" means a trustee whose exercise of trust powers is reasonable and equitable in view of the interests of income or principal beneficiaries, or both, and in view of the manner in which men of ordinary prudence, diligence, discretion, and judgment would act in the management of their own affairs.  History: [68-104, added 1965, ch. 95, sec. 1, p. 173.]
ID Code § 68-105 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-105 - POWERS OF TRUSTEE CONFERRED BY TRUST OR BY LAW.

68-105. POWERS OF TRUSTEE CONFERRED BY TRUST OR BY LAW. (a) The trustee has all powers conferred upon him by the provisions of this act unless limited in the trust instrument. (b) An instrument which is not a trust under section 68-104 (1)[, Idaho Code,] may incorporate any part of this act by reference.  History: [68-105, added 1965, ch. 95, sec. 2, p. 173.]
ID Code § 68-106A (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-106A - FIDUCIARY DUTY TO DETERMINE EQUIVALENT VALUE OF SUBSTITUTED PROPERTY.

68-106A. FIDUCIARY DUTY TO DETERMINE EQUIVALENT VALUE OF SUBSTITUTED PROPERTY. Notwithstanding the terms of a trust instrument, if a grantor has the power to substitute property of equivalent value, a trustee has a fiduciary duty to determine that the substitute property is of equivalent value, prior to allowing the substitution.  History: [68-106A, added 2011, ch. 35, sec. 1, p. 78.]
ID Code § 68-107 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-107 - TRUSTEE’S OFFICE NOT TRANSFERABLE — TRANSACTIONS UNDER CHAPTER 14, TITLE 26, IDAHO CODE, EXCEPTED.

68-107. TRUSTEE’S OFFICE NOT TRANSFERABLE — TRANSACTIONS UNDER CHAPTER 14, TITLE 26, IDAHO CODE, EXCEPTED. (1) The trustee shall not transfer his office to another or delegate the entire administration of the trust to a co-trustee or another. (2) Subsection (1) of this section does not apply to any transfer permitted under chapter 14, title 26, Idaho Code.  History: [68-107, added 1965, ch. 95, sec. 4, p. 173; am. 1991, ch. 215, sec. 1, p. 515.]
ID Code § 68-108 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-108 - POWER OF COURT TO PERMIT DEVIATION OR TO APPROVE TRANSACTIONS INVOLVING CONFLICT OF INTEREST.

68-108. POWER OF COURT TO PERMIT DEVIATION OR TO APPROVE TRANSACTIONS INVOLVING CONFLICT OF INTEREST. (a) This act does not effect [affect] the power of a court of competent jurisdiction for cause shown and upon petition of the trustee or affected beneficiary and upon appropriate notice to the affected parties to relieve a trustee from any restrictions on his power that would otherwise be placed upon him by the trust or by this act. (b) If the duty of the trustee and his individual interest or his interest as trustee of another trust, conflict in the exercise of a trust power, the power may be exercised only by court authorization, except as provided in sections 68-106(c)(1), (4), (6), (18), and (24) upon petition of the trustee. Under this section, personal profit or advantage to an affiliated or subsidiary company or association is personal profit to any corporate trustee.  History: [68-108, added 1965, ch. 95, sec. 5, p. 173.]
ID Code § 68-109 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-109 - POWERS EXERCISABLE BY JOINT TRUSTEES — LIABILITY.

68-109. POWERS EXERCISABLE BY JOINT TRUSTEES — LIABILITY. (a) Any power vested in 3 or more trustees may be exercised by a majority, but a trustee who has not joined in exercising a power is not liable to the beneficiaries or to others for the consequences of the exercise; and a dissenting trustee is not liable for the consequences of an act in which he joins at the direction of the majority of the trustees, if he expressed his dissent in writing to any of his co-trustees at or before the time of the joinder. (b) If 2 or more trustees are appointed to perform a trust, and if any of them is unable or refuses to accept the appointment, or, having accepted, ceases to be a trustee, the surviving or remaining trustees shall perform the trust and succeed to all the powers, duties, and discretionary authority given to the trustees jointly. (c) This section does not excuse a co-trustee from liability for failure either to participate in the administration of the trust or to attempt to prevent a breach of trust.  History: [68-109, added 1965, ch. 95, sec. 6, p. 173.]
ID Code § 68-110 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-110 - THIRD PERSONS PROTECTED IN DEALING WITH TRUSTEE.

68-110. THIRD PERSONS PROTECTED IN DEALING WITH TRUSTEE. With respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, the existence of trust powers and their proper exercise by the trustee may be assumed without inquiry. The third person is not bound to inquire whether the trustee has power to act or is properly exercising the power; and a third person, without actual knowledge that the trustee is exceeding his powers or improperly exercising them, is fully protected in dealing with the trustee as if the trustee possessed and properly exercised the powers he purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the trustee.  History: [68-110, added 1965, ch. 95, sec. 7, p. 173.]
ID Code § 68-111 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-111 - APPLICATION OF ACT.

68-111. APPLICATION OF ACT. Except as specifically provided in the trust, the provisions of this act apply to any trust established after the effective date [May 17, 1965] of this act.  History: [68-111, added 1965, ch. 95, sec. 8, p. 173.]
ID Code § 68-112 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-112 - UNIFORMITY OF INTERPRETATION.

68-112. UNIFORMITY OF INTERPRETATION. This act shall be construed to effectuate its general purpose to make uniform the law of those states which enact it.  History: [68-112, added 1965, ch. 95, sec. 9, p. 173.]
ID Code § 68-113 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-113 - SHORT TITLE.

68-113. SHORT TITLE. This act may be cited as the "Uniform Trustees’ Powers Act."  History: [68-113, added 1965, ch. 95, sec. 10, p. 173.]
ID Code § 68-114 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-114 - PRESENTATION OF A CERTIFICATION OF TRUST IN LIEU OF THE TRUST INSTRUMENT — EFFECT — FORM.

68-114. PRESENTATION OF A CERTIFICATION OF TRUST IN LIEU OF THE TRUST INSTRUMENT — EFFECT — FORM. (1) A trustee may present a certification of trust to any person in lieu of a copy of any trust instrument to establish the existence or terms of the trust. The trustee may present the certification voluntarily or at the request of the person with whom he is dealing. Notwithstanding any provision of this chapter to the contrary, no person is required to accept and rely solely on a certification of trust in lieu of a copy of, or excerpts from, the trust instrument itself. (2) Such a certification must be in the form of an affidavit signed and acknowledged by all of the currently acting trustees of the trust.  History: [68-114, added 1998, ch. 302, sec. 1, p. 995.]
ID Code § 68-115 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-115 - CONTENTS OF CERTIFICATION OF TRUST.

68-115. CONTENTS OF CERTIFICATION OF TRUST. (1) A certification of trust may confirm the following facts or contain the following information: (a) The existence of the trust and date of execution of any trust instrument; (b) The identity of the settlor and each currently acting trustee; (c) The powers of the trustee and any restrictions imposed upon him in dealing with assets of the trust; (d) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke it; (e) If there is more than one (1) trustee, whether all of the currently acting trustees must, or less than all may, act to exercise identified powers of the trustee; (f) The identifying number of the trust and whether it is a social security number or an employer identification number; (g) The state or other jurisdiction under the laws of which the trust was established; and (h) The form in which title to assets of the trust is to be taken. (2) The certification must contain a statement that the trust has not been revoked or amended to make any representations contained in the certification incorrect, and that the signatures are those of all the currently acting trustees.  History: [68-115, added 1998, ch. 302, sec. 2, p. 996.]
ID Code § 68-116 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-116 - DISPOSITIVE PROVISIONS NOT REQUIRED — PERSON PRESENTED WITH CERTIFICATION MAY REQUEST EXCERPTS FROM TRUST INSTRUMENT DESIGNATING TRUSTEE.

68-116. DISPOSITIVE PROVISIONS NOT REQUIRED — PERSON PRESENTED WITH CERTIFICATION MAY REQUEST EXCERPTS FROM TRUST INSTRUMENT DESIGNATING TRUSTEE. A certification of trust need not contain the dispositive provisions of the trust, but the person to whom the certification is presented may require copies of excerpts from any trust instrument which designate the trustee or confer upon him the power to act in the pending transaction.  History: [68-116, added 1998, ch. 302, sec. 3, p. 996.]
ID Code § 68-117 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-117 - RELIANCE ON FACTS CONTAINED IN CERTIFICATION — ENFORCEABILITY.

68-117. RELIANCE ON FACTS CONTAINED IN CERTIFICATION — ENFORCEABILITY. (1) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting. A person who does not know that the facts contained in the certification are incorrect may assume without inquiry the existence of the facts contained in the certification. Knowledge may not be inferred solely from the fact that a copy of all or part of a trust instrument is held by the person relying upon the certification. (2) A transaction, and any lien created thereby, entered into by a trustee and a person acting in reliance upon a certification of trust is fully enforceable against the assets of the trust unless the person knows that the trustee is acting outside the scope of the trust.  History: [68-117, added 1998, ch. 302, sec. 4, p. 997.]
ID Code § 68-118 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-118 - FAILURE TO DEMAND CERTIFICATION OR REFUSAL TO ACCEPT AND RELY ON CERTIFICATION NOT IMPROPER ACT — LIABILITY.

68-118. FAILURE TO DEMAND CERTIFICATION OR REFUSAL TO ACCEPT AND RELY ON CERTIFICATION NOT IMPROPER ACT — LIABILITY. A person’s failure to demand a certification of trust, or his refusal to accept and rely solely on a certification of trust, may not be considered to be an improper act by him and no inference as to whether he has acted in good faith may be drawn from the failure to demand, or the refusal to accept and rely upon, a certification of trust. This section creates no implication that a person is liable for acting in reliance upon a certification of trust under circumstances where the requirements of sections 68-114 through 68-119, Idaho Code, are not satisfied.  History: [68-118, added 1998, ch. 302, sec. 5, p. 997.]
ID Code § 68-119 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-119 - APPLICABILITY.

68-119. APPLICABILITY. The provisions of sections 68-114 through 68-120, Idaho Code, shall apply to all trusts, whether established pursuant to Idaho law or established pursuant to the law of another state or jurisdiction.  History: [68-119, added 1998, ch. 302, sec. 6, p. 997; am. 2006, ch. 250, sec. 1, p. 759.]
ID Code § 68-120 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 1 - TRUSTS|Section 68-120 - DOCTRINE OF WORTHIER TITLE INAPPLICABLE.

68-120. DOCTRINE OF WORTHIER TITLE INAPPLICABLE. The doctrine of worthier title shall not be applied as a rule of law or as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor’s heirs, heirs at law, next of kin, distributees, relatives or family, or language of similar import, shall not create or presumptively create a reversionary interest in the transferor.  History: [68-120, added 2006, ch. 250, sec. 2, p. 759.]
ID Code § 68-201 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 2 - ASSIGNMENTS FOR BENEFIT OF CREDITORS|Section 68-201 - RESIDENCE QUALIFICATION OF ASSIGNEE.

68-201. RESIDENCE QUALIFICATION OF ASSIGNEE. No assignment for the benefit of creditors shall be valid unless made to a bona fide resident of this state or to a corporation duly authorized to do business in this state.  History: [(68-201) 1927, ch. 209, sec. 1, p. 293; I.C.A., sec. 66-201.]
ID Code § 68-301 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 3 - UNIFORM FIDUCIARIES LAW|Section 68-301 - DEFINITION OF TERMS.

68-301. DEFINITION OF TERMS. In this chapter unless the context or subject-matter otherwise requires: 1. "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking. "Fiduciary" includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate. "Person" includes a corporation, partnership, or other association, or two (2) or more persons having a joint or common interest. "Principal" includes any person to whom a fiduciary as such owes an obligation. 2. A thing is done "in good faith" within the meaning of this chapter when it is in fact done honestly, whether it be done negligently or not.  History: [(68-301) 1925, ch. 217, sec. 1, p. 393; I.C.A., sec. 66-301.]
ID Code § 68-302 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 3 - UNIFORM FIDUCIARIES LAW|Section 68-302 - APPLICATION OF PAYMENTS MADE TO FIDUCIARIES.

68-302. APPLICATION OF PAYMENTS MADE TO FIDUCIARIES. A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of such payment or transfer is not invalid in consequence of a misapplication by the fiduciary.  History: [(68-302) 1925, ch. 217, sec. 2, p. 393; I.C.A., sec. 66-302.]
ID Code § 68-304 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 3 - UNIFORM FIDUCIARIES LAW|Section 68-304 - TRANSFER OF NEGOTIABLE INSTRUMENT BY FIDUCIARY.

68-304. TRANSFER OF NEGOTIABLE INSTRUMENT BY FIDUCIARY. If any negotiable instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, or if any negotiable instrument payable or indorsed to his principal is indorsed by a fiduciary empowered to indorse such instrument on behalf of his principal, the indorsee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in indorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, such instrument is transferred by the fiduciary in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is transferred in any transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in transferring the instrument.  History: [(68-304) 1925, ch. 217, sec. 4, p. 393; I.C.A., sec. 66-304.]
ID Code § 68-305 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 3 - UNIFORM FIDUCIARIES LAW|Section 68-305 - CHECK DRAWN BY FIDUCIARY PAYABLE TO THIRD PERSON.

68-305. CHECK DRAWN BY FIDUCIARY PAYABLE TO THIRD PERSON. If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in drawing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, such instrument is payable to a personal creditor of the fiduciary and delivered to the creditor in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is drawn and delivered in any transaction known by the payee to be for the personal benefit of the fiduciary, the creditor or other payee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the instrument.  History: [(68-305) 1925, ch. 217, sec. 5, p. 393; I.C.A., sec. 66-305.]
ID Code § 68-306 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 3 - UNIFORM FIDUCIARIES LAW|Section 68-306 - CHECK DRAWN BY AND PAYABLE TO FIDUCIARY.

68-306. CHECK DRAWN BY AND PAYABLE TO FIDUCIARY. If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the fiduciary, and is thereafter transferred by the fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such facts that his action in taking the instrument amounts to bad faith.  History: [(68-306) 1925, ch. 217, sec. 6, p. 393; I.C.A., sec. 66-303.]
ID Code § 68-307 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 3 - UNIFORM FIDUCIARIES LAW|Section 68-307 - DEPOSIT IN NAME OF FIDUCIARY AS SUCH.

68-307. DEPOSIT IN NAME OF FIDUCIARY AS SUCH. If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.  History: [(68-307) 1925, ch. 217, sec. 7, p. 393; I.C.A., sec. 66-307.]
ID Code § 68-308 (2021)
2021 Idaho Code|Title 68 - TRUSTS AND FIDUCIARIES|Chapter 3 - UNIFORM FIDUCIARIES LAW|Section 68-308 - DEPOSIT IN NAME OF PRINCIPAL.

68-308. DEPOSIT IN NAME OF PRINCIPAL. If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal’s account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing such check, or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.  History: [(68-308) 1925, ch. 217, sec. 8, p. 393; I.C.A., sec. 66-308.]