Trust funds received by executors, trustees, guardians or conservators may be kept invested in the securities received by them, unless it is otherwise ordered by the Court of Probate or unless the instrument under which such trust was created directs that a change of investments shall be made, and the fiduciaries thereof shall not be liable for any loss that may occur by depreciation of such securities.
(1949 Rev., S. 6894; P.A. 80-476, S. 187.)
History: P.A. 80-476 substituted “fiduciaries” for “trustees”; Sec. 45-89 transferred to Sec. 45a-204 in 1991.
See Sec. 45a-199 for definition of “fiduciary”.
Annotations to former section 45-89:
Cited. 67 C. 195; 122 C. 386. Reasonable prudence to prevent loss is required. 76 C. 564; 115 C. 26. Statute does not apply where will directs replacement of investments. 79 C. 559. Borrowing to close out testator's margin accounts and protect securities pledged by him, sustained. 117 C. 582. Reorganization involving exchange of stock for shares of new corporation held not such a change as to prevent trustees from holding the new shares. 118 C. 509. Cited. 149 C. 349.
Cited. 22 CS 162.
Structure Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Section 45a-199. (Formerly Sec. 45-21a). - “Fiduciary” defined.
Section 45a-200. (Formerly Sec. 45-195b). - Fiduciary certificate effective for one year.
Section 45a-202. (Formerly Sec. 45-21). - When payments by fiduciaries protected.
Section 45a-203. (Formerly Sec. 45-88). - Investment of funds.
Section 45a-204. (Formerly Sec. 45-89). - Investments may be maintained as received.
Section 45a-233. (Formerly Sec. 45-100d). - Construction of statutes in this part.
Section 45a-234. (Formerly Sec. 45-100e). - Powers.
Section 45a-235. (Formerly Sec. 45-100f). - Additional powers.
Section 45a-236. (Formerly Sec. 45-100g). - Short title: Fiduciary Powers Act.
Section 45a-242. (Formerly Sec. 45-263). - Removal, resignation and replacement of fiduciary.
Section 45a-244. (Formerly Sec. 45-265). - Enforcement of delivery of estate to successor.
Section 45a-245. - Removal of fiduciary. Closure for dormancy.
Section 45a-245a. - Successor fiduciary substituted for corporate fiduciary.