# Tenn. Code Ann. § 35-50-109: Incorporation of Section 35-50-110 in will or trust instrument > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-109 ## Section - **Citation:** Tenn. Code Ann. § 35-50-109 - **Heading:** Incorporation of Section 35-50-110 in will or trust instrument - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 35 / Chapter 50 / Section 35-50-109 ## Text (a) By a clearly expressed intention of the testator or settlor so to do contained in a will, or in an instrument in writing by which a trust estate is created inter vivos, the language contained in the introductory paragraph of § 35-50-110 , and in any one (1) or more of subdivisions (1)-(33) of that section, may be, by appropriate reference made to that language, incorporated in the will or other written instrument, to be applicable either to the fiduciary authorized to administer the estate of the testator, or to the fiduciary authorized to administer a trust estate established or to be established pursuant to the terms of the will or other written instrument, or to both types of fiduciaries, with the same effect and subject to the same judicial interpretation and control in appropriate cases as though the language were set forth verbatim in the instrument; provided, that the language contained in § 35-50-110(1)-(4) is appropriate only with respect to powers to be vested in the one (1) or more executors of the estate of a decedent, and is available only for incorporation by reference in a will, as powers of the executor or executors of the will. (b) (1) "Estate," as used in any subdivision of § 35-50-110 , is construed to mean the estate of the decedent if by reference to the subdivision it has been made applicable to the executor or executors of a will, and is construed to mean the trust estate if by reference to the subdivision it has been made applicable to the trustee or trustees of such an estate. (2) As used in this section and § 35-50-110 , "fiduciary," and the masculine singular form of the pronoun referring to the fiduciary, are construed to mean the one (1) or more executors, whether male, female or corporate, of the estate of a decedent, or the one (1) or more trustees, whether male, female or corporate, of a testamentary or inter vivos trust estate, whichever in a particular case is appropriate. (c) Nothing contained in this section and § 35-50-110 shall be construed to limit the power of a court of competent jurisdiction to prohibit a fiduciary from taking any action, or to restrain a fiduciary in the taking of any action, notwithstanding the authorizations or powers vested in the fiduciary by any written instrument in which all or any part of § 35-50-110 is incorporated by reference. Acts 1963, ch. 110, §§ 1, 2, 4; T.C.A., §§ 35-616, 35-617, 35-619; Acts 1991, ch. 182, § 1. (a) By a clearly expressed intention of the testator or settlor so to do contained in a will, or in an instrument in writing by which a trust estate is created inter vivos, the language contained in the introductory paragraph of § 35-50-110 , and in any one (1) or more of subdivisions (1)-(33) of that section, may be, by appropriate reference made to that language, incorporated in the will or other written instrument, to be applicable either to the fiduciary authorized to administer the estate of the testator, or to the fiduciary authorized to administer a trust estate established or to be established pursuant to the terms of the will or other written instrument, or to both types of fiduciaries, with the same effect and subject to the same judicial interpretation and control in appropriate cases as though the language were set forth verbatim in the instrument; provided, that the language contained in § 35-50-110(1)-(4) is appropriate only with respect to powers to be vested in the one (1) or more executors of the estate of a decedent, and is available only for incorporation by reference in a will, as powers of the executor or executors of the will. etation and control in appropriate cases as though the language were set forth verbatim in the instrument; provided, that the language contained in § 35-50-110(1)-(4) is appropriate only with respect to powers to be vested in the one (1) or more executors of the estate of a decedent, and is available only for incorporation by reference in a will, as powers of the executor or executors of the will. (b) (1) "Estate," as used in any subdivision of § 35-50-110 , is construed to mean the estate of the decedent if by reference to the subdivision it has been made applicable to the executor or executors of a will, and is construed to mean the trust estate if by reference to the subdivision it has been made applicable to the trustee or trustees of such an estate. (2) As used in this section and § 35-50-110 , "fiduciary," and the masculine singular form of the pronoun referring to the fiduciary, are construed to mean the one (1) or more executors, whether male, female or corporate, of the estate of a decedent, or the one (1) or more trustees, whether male, female or corporate, of a testamentary or inter vivos trust estate, whichever in a particular case is appropriate. (1) "Estate," as used in any subdivision of § 35-50-110 , is construed to mean the estate of the decedent if by reference to the subdivision it has been made applicable to the executor or executors of a will, and is construed to mean the trust estate if by reference to the subdivision it has been made applicable to the trustee or trustees of such an estate. (2) As used in this section and § 35-50-110 , "fiduciary," and the masculine singular form of the pronoun referring to the fiduciary, are construed to mean the one (1) or more executors, whether male, female or corporate, of the estate of a decedent, or the one (1) or more trustees, whether male, female or corporate, of a testamentary or inter vivos trust estate, whichever in a particular case is appropriate. (c) Nothing contained in this section and § 35-50-110 shall be construed to limit the power of a court of competent jurisdiction to prohibit a fiduciary from taking any action, or to restrain a fiduciary in the taking of any action, notwithstanding the authorizations or powers vested in the fiduciary by any written instrument in which all or any part of § 35-50-110 is incorporated by reference. Acts 1963, ch. 110, §§ 1, 2, 4; T.C.A., §§ 35-616, 35-617, 35-619; Acts 1991, ch. 182, § 1. ## Nearby sections - [Tenn. Code Ann. § 35-50-101 Joint control of deposits by principal and surety is lawful](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-101.md) - [Tenn. Code Ann. § 35-50-102 Insurance trusts - Creation - Validity](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-102.md) - [Tenn. Code Ann. § 35-50-103 Life insurance proceeds payable to trustee](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-103.md) - [Tenn. Code Ann. § 35-50-104 Purchase of annuity contract](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-104.md) - [Tenn. Code Ann. § 35-50-105 Fiduciaries may effect liability and accident insurance on property](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-105.md) - [Tenn. Code Ann. § 35-50-106 Trusts for employees' benefit - Rule against perpetuities](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-106.md) - [Tenn. Code Ann. § 35-50-107 Limitations on appointment of nonresident fiduciary](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-107.md) - [Tenn. Code Ann. § 35-50-108 Designation of beneficiaries of employee pension, stock bonus or investment plans](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-108.md) - [Tenn. Code Ann. § 35-50-109 Incorporation of Section 35-50-110 in will or trust instrument](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-109.md) - [Tenn. Code Ann. § 35-50-110 Specifically enumerated fiduciary powers that may be incorporated by reference](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-110.md) - [Tenn. Code Ann. § 35-50-111 Fiduciary bond on interest](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-111.md) - [Tenn. Code Ann. § 35-50-112 Impairment of marital deduction prohibited](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-112.md) - [Tenn. Code Ann. § 35-50-113 Powers exercisable by majority - Liability](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-113.md) - [Tenn. Code Ann. § 35-50-120 Blind trust](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-120.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C50_S35-50-109. Check the current official text before relying on it. Not legal advice.