Sec. 11. (a) Where powers possessed by two (2) or more personal representatives are to be exercised by them jointly, the will of the majority shall control the manner in which such power shall be exercised unless the will otherwise provides.
Where the personal representatives, or a majority of them, cannot agree, or where they are equally divided upon the manner in which such power shall be exercised, other than in the voting of shares of stock, the court shall, upon petition filed by any of such personal representatives or by any party in interest, direct the manner in which such power shall be exercised, and such power shall be exercised only in accordance with such direction.
(b) Shares of stock held by personal representatives may be voted by the personal representatives in such manner as the instrument or order appointing such personal representatives may direct. In the absence of such direction or the inability of the personal representatives to act in accordance therewith, the following provisions shall apply:
(1) Where shares of stock are held jointly by two (2) or more personal representatives, such shares shall be voted in accordance with the will of the majority.
(2) Where the personal representatives or a majority of them cannot agree, or where they are equally divided upon the question of voting such shares of stock, the court shall, upon petition filed by any of such personal representatives or by any party in interest, direct the voting of such shares as it may deem for the best interest of the beneficiaries, and such shares shall be voted in accordance with such direction.
Formerly: Acts 1953, c.112, s.1011.
Structure Indiana Code
Chapter 10. Personal Representatives
29-1-10-0.1. Application of Certain Amendments to Chapter
29-1-10-2. Letters; Renouncing Right
29-1-10-3. Letters; Issuance; Conditions
29-1-10-4. Letters; Evidence of Authority
29-1-10-5. Actions or Proceedings; Evidence of Authority
29-1-10-7. Successor Representatives; Appointment
29-1-10-8. Successor Representatives; Rights and Powers
29-1-10-9. Joint Representatives; Powers; Survivor
29-1-10-10. Joint Representatives; Powers
29-1-10-11. Joint Representatives; Powers; Voting Shares of Stock
29-1-10-12. Voting Corporate Shares
29-1-10-12.5. Protection of Persons Dealing in Good Faith
29-1-10-13. Compensation; Attorney's Services
29-1-10-14. Actions on Probate; Expenses and Attorney's Fees
29-1-10-15. Special Administrator; Appointment; Appeal of Order
29-1-10-15.5. Wrongful Death; Special Administrator; Appointment; Objection
29-1-10-16. Pending Will Contest; Administration of Estate
29-1-10-17. Damages for Wrongful Death
29-1-10-18. Wrongful Death; Nonresident; Appointment of Administrator
29-1-10-19. Termination of Authority; Validity of Prior Acts