Section 22. (a) If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income under section 4 and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income, convert property within a reasonable time, or exercise the power conferred by subsection (a) of said section 4. The trustee may decide which action or combination of actions to take.
(b) In cases not governed by subsection (a), proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Chapter 203d - Principal and Income
Section 3 - Fiduciary Duties; General Principles
Section 4 - Trustee's Power to Adjust
Section 5 - Judicial Control of Discretionary Powers
Section 6 - Determination and Distribution of Net Income
Section 7 - Distribution to Residuary and Remainder Beneficiaries
Section 8 - When Right to Income Begins and Ends
Section 9 - Apportionment When Income Interest Ends
Section 10 - Character of Receipts
Section 11 - Distribution From Trust or Estate
Section 12 - Business and Other Activities Conducted by Trustee
Section 13 - Principal Receipts
Section 15 - Obligation to Pay Money
Section 16 - Insurance Policies and Similar Contracts
Section 17 - Insubstantial Allocations Not Required
Section 18 - Deferred Compensation, Annuities and Similar Payments
Section 19 - Liquidating Asset
Section 20 - Minerals, Water, and Other Natural Resources
Section 22 - Property Not Productive of Income
Section 23 - Derivatives and Options
Section 24 - Asset-Backed Securities
Section 25 - Disbursements From Income
Section 26 - Disbursements From Principal
Section 27 - Transfers From Income to Principal for Depreciation