Delaware Code
Chapter 33. ADMINISTRATIVE PROVISIONS
§ 3323. Cofiduciaries and co-nonfiduciaries.

(a) Unless provided otherwise by the governing instrument, any power vested in 3 or more fiduciaries or nonfiduciaries by the governing instrument or by law may be exercised by a majority of such fiduciaries or nonfiduciaries and a majority of fiduciaries or nonfiduciaries named in a governing instrument may designate 1 of such fiduciaries or nonfiduciaries to perform ministerial functions on behalf of all such fiduciaries or nonfiduciaries. A fiduciary or nonfiduciary who dissents from the action of the majority is not liable to anyone having an interest in the fiduciary fund, or to the other fiduciaries or nonfiduciaries, if such dissent is evidenced by a writing delivered to the majority of the fiduciaries or nonfiduciaries.
(b) This section does not excuse a cofiduciary or co-nonfiduciary from liability for failure to participate in the administration of the fiduciary fund or for failure to attempt to prevent a breach of trust, or for failure to seek advice and guidance from the court in a recurring situation, unless otherwise expressly provided by the governing instrument.

Structure Delaware Code

Delaware Code

Title 12 - Decedents' Estates and Fiduciary Relations

Chapter 33. ADMINISTRATIVE PROVISIONS

§ 3301. Application of chapter; definitions [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3302. Degree of care; authorized investments [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3303. Effect of provisions of instrument [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3304. Retention by fiduciary of decedent's or settlor's investments.

§ 3305. Retention by bank or trust company acting as a fiduciary of its own stock.

§ 3306. Deviation from terms of instrument.

§ 3307. Common fund investments by bank or trust company; regulations.

§ 3308. Power of bank or trust company acting as a fiduciary to purchase property held by its commercial or banking department.

§ 3309. Identification of securities.

§ 3310. Storage of securities.

§ 3311. Deposit of securities in clearing corporation.

§ 3312. Investments in affiliated investments; transactions with affiliates [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3313. Advisers [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3313A. Excluded cotrustee.

§ 3314. Limitation on certain fiduciary powers.

§ 3315. Trustee's exercise of discretion; review by court; discretionary interests.

§ 3316. Substituted property; equivalent value; fiduciary duty.

§ 3317. Cofiduciaries and co-nonfiduciaries; duty to keep informed.

§ 3321. Applicability of chapter; definitions.

§ 3322. Fiduciary agency contracts; delegation.

§ 3323. Cofiduciaries and co-nonfiduciaries.

§ 3324. General powers of trustee.

§ 3325. Specific powers of trustee [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5].

§ 3326. Resignation of an officeholder.

§ 3327. Removal of an officeholder.

§ 3328. Limitation on personal liability of fiduciary.

§ 3329. Effect of no-contest provision.

§ 3330. Construction or interpretation affecting validity under rule against perpetuities, applicability of later-enacted laws, and class determination; effect of survivorship requirement.

§ 3331. Preference for early vesting [For application of the section, see 83 Del. Laws, c. 271, § 1].

§ 3332. Governing law; change of situs [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3333. Retention of counsel by fiduciary [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5].

§ 3334. Contributions to revocable trusts [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3335. Effect of formula clauses in certain wills and trusts.

§ 3336. Appointment of successor trustee [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3337. Claims against revocable trusts [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3338. Nonjudicial settlement agreements [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5].

§ 3339. Designated representatives of trusts.

§ 3340. Place of administration [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3341. Consequences of trust merger and similar transactions [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3342. Modification of trust by consent while trustor is living.

§ 3343. Authority to allocate trustee duties among multiple trustees.

§ 3344. Income tax reimbursement or payment.