738.02  Duty of trustee for receipts and expenditures.--

(1)  A trust shall be administered with due regard to the respective interests of income beneficiaries and remaindermen. A trust is so administered with respect to the allocation of receipts and expenditures if a receipt is credited, or an expenditure is charged, to income or principal, or partly to each:

(a)  In accordance with the terms of the trust instrument, notwithstanding contrary provisions of this chapter;

(b)  In accordance with the provisions of this chapter, in the absence of any contrary terms of the trust instrument; or

(c)  If neither of the preceding rules of administration is applicable, in accordance with what is reasonable and equitable in view of:

1.  The interests of those entitled to income as well as of those entitled to principal, and

2.  The manner in which persons of ordinary prudence would act in the management of the property of another.

(2)  If the trust instrument gives the trustee discretion in crediting a receipt or charging an expenditure to income or principal, or partly to each, no inference of imprudence or partiality arises from the fact that the trustee has made an allocation contrary to a provision of this chapter.

History.--s. 1, ch. 74-106; s. 13, ch. 75-221; s. 1051, ch. 97-102.