Control of discretionary power: trustees' discretionary acts subject to judicial control if not exercised reasonably and in good faith. Where a trustee holds a discretionary power, that authority must be exercised reasonably and in good faith; if it is not, the principal Civil Court of original jurisdiction may control the exercise of that discretion to ensure compliance with fiduciary obligations and protect beneficiaries from arbitrary or capricious decisions.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Control of discretionary power: trustees' discretionary acts subject to judicial control if not exercised reasonably and in good faith.
Where a trustee holds a discretionary power, that authority must be exercised reasonably and in good faith; if it is not, the principal Civil Court of original jurisdiction may control the exercise of that discretion to ensure compliance with fiduciary obligations and protect beneficiaries from arbitrary or capricious decisions.
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