72-34-101. Repealed. Sec. 162, Ch. 264, L. 2013.
Montana Code Annotated
Mont. Code Ann. § 72-34-101 (2026)
Repealed
✓ current as of May 2026
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TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
CHAPTER 34. PRINCIPAL AND INCOME
Part 1. Duties of Trustees (Renumbered and Repealed)
Repealed
History: En. Sec. 73, Ch. 685, L. 1989.
Notes of Decisions
Cited in 4
cases, 2007–2013 · leading case: In Re Charles M. Bair Fam. Trust, 2008 MT 144, 183 P.3d 61.
In Re Charles M. Bair Fam. Trust, 2008 MT 144, 183 P.3d 61. “ate argues that the Board violated its fiduciary duties when it failed to use "whatever principal and income of the [Trust] that is necessary to establish, improve and maintain the museum," when it failed to give the Museum "first priority on income to be distributed from the…”
In Re the Est. of Hannum, 2012 MT 171, 285 P.3d 463. “had failed in his duty to administer the probate according to the 2005 Will, a duty imposed by § 72-34-101, MCA, when he included the value of the alleged promissory notes and distributed them between himself and Mark without authority under the 2005 Will.”
Knucklehead Land Co. v. Accutitle, Inc., 2007 MT 301, 172 P.3d 116. “Knucklehead thus offers that the duties of a trustee set forth in § 72-34-101 et seq., MCA, are required of indenture trustees, including the duty to not delegate.”
Lane v. Caler, 2013 MT 108, 299 P.3d 827. “To fulfill that purpose, she argues the District Court should have ordered the Trustee to purchase her a new home with the proceeds from the sale of the Property.”
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