Legislation
SECTION 78
Relief after judgment on obligation constituting trust claim
Lien (LIE) CHAPTER 33, ARTICLE 3-A
§ 78. Relief after judgment on obligation constituting trust claim. If
a trust beneficiary shall recover judgment against the trustee upon the
obligation constituting the trust claim: (except in the enforcement of a
lien as provided in articles two and three of this chapter)
(a) execution upon the judgment shall not be levied upon any trust
asset;
(b) to the extent of trust assets affected by proceedings to enforce
the judgment, the proceedings shall be deemed to be for the benefit of
all trust beneficiaries who would, at the time the proceeding is
instituted, be entitled to maintain an action to enforce the trust, and
the provisions of section seventy-seven of this chapter shall apply in
any such proceedings.
a trust beneficiary shall recover judgment against the trustee upon the
obligation constituting the trust claim: (except in the enforcement of a
lien as provided in articles two and three of this chapter)
(a) execution upon the judgment shall not be levied upon any trust
asset;
(b) to the extent of trust assets affected by proceedings to enforce
the judgment, the proceedings shall be deemed to be for the benefit of
all trust beneficiaries who would, at the time the proceeding is
instituted, be entitled to maintain an action to enforce the trust, and
the provisions of section seventy-seven of this chapter shall apply in
any such proceedings.