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  • PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
    (Chapters 183 through 210)
  • TITLE II DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
  • CHAPTER 203 TRUSTS
  • Section 23 Court's authorization

[ Text of section effective until March 31, 2012. Repealed by 2008, 521, Sec. 27. See 2008, 521, Sec. 44 as amended by 2010, 409, Sec. 23 and 2011, 224.]

  Section 23. The court having jurisdiction of a trust created by a written instrument may, upon petition and after notice to all persons interested, if upon hearing it appears to be for the benefit of the trust estate, authorize trustees to mortgage any real estate held by them in trust for the purpose of paying assessments upon the trust estate for betterments or for the expense of repairs and improvements on such estate made necessary by such betterments or by the lawful taking of such estate or of a part thereof by public authority; for the purpose of paying the expense of erecting, altering, completing, repairing or improving a building on such estate; or for the purpose of paying the expense of other improvements of a permanent nature made or to be made on such estate; or for the purpose of paying an existing lien or mortgage on such estate or on a part thereof; or it may authorize such trustees to make an agreement for the extension or renewal of such existing mortgage.