| A.__Expenses that were properly incurred in the | administration of the trust; and |
|
| B.__To the extent necessary to prevent unjust enrichment of | the trust, expenses that were not properly incurred in the | administration of the trust. |
|
| | 2.__Advance by trustee.__An advance by the trustee of money | for the protection of the trust gives rise to a lien against | trust property to secure reimbursement with reasonable interest. |
|
| DUTIES AND POWERS OF TRUSTEE |
|
| §801.__Duty to administer trust |
|
| | Upon acceptance of a trusteeship, the trustee shall administer | the trust in good faith, in accordance with its terms and | purposes and the interests of the beneficiaries and in accordance | with this Code. |
|
| | 1.__Interests of beneficiaries.__A trustee shall administer | the trust solely in the interests of the beneficiaries. |
|
| | 2.__Voidable transaction; exceptions.__Subject to the rights | of persons dealing with or assisting the trustee as provided in | section 1012, a sale, encumbrance or other transaction involving | the investment or management of trust property entered into by | the trustee for the trustee's own personal account or that is | otherwise affected by a conflict between the trustee's fiduciary | and personal interests is voidable by a beneficiary affected by | the transaction unless: |
|
| A.__The transaction was authorized by the terms of the | trust; |
|
| B.__The transaction was approved by the court; |
|
| C.__The beneficiary did not commence a judicial proceeding | within the time allowed by section 1005; |
|
| D.__The beneficiary consented to the trustee's conduct, | ratified the transaction, or released the trustee in | compliance with section 1009; or |
|
| E.__The transaction involves a contract entered into or | claim acquired by the trustee before the person became or | contemplated becoming trustee. |
|
|