US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 60.

PROPERTY

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§601.  Definition of property.

The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others.  In this Chapter the thing of which there may be ownership is called property.

R.L.1910, § 6586.  

§602.  Ownership, what subject to.

There may be ownership of all inanimate things which are capable of appropriation, or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill, as the composition of an author, the good will of a business, trade marks and signs, and of rights created or granted by statute.

R.L.1910, § 6587.  

§603.  Wild animals may be owned, when.

Animals, wild by nature, are the subjects of ownership while living only when on the land of the person claiming them, or when tamed, or taken and held in possession, or disabled and immediately pursued.

R.L.1910, § 6588.  

§605.  Real property defined.

Real or immovable property consists of:

1.  Land.

2.  That which is affixed to land.

3.  That which is incidental or appurtenant to land.

4.  That which is immovable by law.

R.L.1910, § 6590.  

§606.  Land defined.

Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock or other substance. R.L. 1910 Sec. 6591.

R.L.1910, § 6591.  

§607.  Fixtures defined.

A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines or shrubs, or embedded in it, as in the case of walls, or permanently resting upon it, as in the case of buildings, or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts or screws. R.L. 1910 Sec. 6592.

R.L.1910, § 6592.  

§608.  Appurtenances defined.

A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way or watercourse, or of a passage for light, air or heat, from or across the land of another.  Sluice boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or developing a mine, are to be deemed affixed to the mine. R.L. 1910 Sec. 6593.

R.L.1910, § 6593.  

§609.  Personal property defined.

Every kind of property that is not real is personal.  R.L.  1910 Sec. 6594.

R.L.1910, § 6594.  

§6021.  Real property, what law governs.

Real property within this state is governed by the law of this state, except where the title is in the United States.

R.L.1910, § 6595.  

§6022.  Classification as to duration.

Estates in real property, in respect to the duration of their enjoyment, are either:

1.  Estates of inheritance, or perpetual estates.

2.  Estates for life.

3.  Estates for years; or,

4.  Estates at will.

R.L.1910, § 6596.  

§6023.  Estate in fee defined.

Every estate of inheritance is a fee, and every such estate, when not defeasible or conditional, is a fee simple or an absolute fee.

R.L.1910, § 6597.  

§6024.  Estates tail abolished.

Estates tail are abolished; and every estate which would be at common law adjudged to be a fee tail is a fee simple, and if no valid remainder is limited thereon, is a fee simple absolute.

R.L.1910, § 6598.  

§6025.  Limitation of remainder in tail.

Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession on the death of the first taker, without issue living at the time of his death.

R.L.1910, § 6599.  

§6026.  Certain estates defined.

Estates of inheritance and for life are called estates of freehold; estates for years are chattels real; and estates at will are chattel interests, but are not liable as such to sale on execution.

R.L.1910, § 6600.  

§6027.  Estate pour autre vie.

An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold.

R.L.1910, § 6601.  

§6028.  Particular estate not necessary to remainder.

A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time, or otherwise, of a precedent estate, created at the same time.

R.L.1910, § 6602.  

§6029.  Reversion defined.

The reversion is the residue of an estate left, by operation of law, in the grantor, or his successors, or in the successors of a testator, commencing in possession on the determination of a particular estate granted or devised.

§6030.  Remainder defined.

When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name.

§6031.  Suspension of alienation.

The absolute power of alienation shall not be suspended, by any limitation or condition whatever, for a longer period than during the continuance of the lives of persons in being at the creation of the limitation or condition plus twentyone (21) years, except as provided in Section 34 of Title 60 of the Oklahoma Statutes.

R.L.1910, § 6605; Laws 1977, c. 5, § 1.  

§6032.  Suspension of ownership limited.

The absolute ownership of a term of years cannot be suspended for a longer period than the absolute power of alienation can be suspended in respect to a fee.

Laws 1941, p. 266, § 2.  

§6033.  Suspension further defined.

The suspension of all power to alienate the subject of the trust, other than a power to exchange it for other property to be held upon the same trust, or to sell it and reinvest the proceeds to be held under the same trust, is a suspension of the power of alienation within the meaning of the second preceding section.

R.L.1910, § 6607.  

§6034.  Contingent remainder in fee, on prior remainder.

A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twentyone (21) years, or upon any other contingency by which the estate of such persons may be determined before they attain majority.

R.L.1910, § 6608.  

§6035.  Future estates.

Subject to the rules of this chapter, a freehold estate, as well as an estate for years, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or an estate for years, either contingent or vested, may be created, expectant on the determination of a term of years; and a fee may be limited on a fee, upon a contingency, which if it should occur, must happen within the period prescribed herein.

R.L.1910, § 6609.  

§6036.  Certain limitations of estates void.

Successive estates for life cannot be limited, except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons, the remainder, if valid in its creation, takes effect in the same manner as if no other life estate had been created.

R.L.1910, § 6610.  

§60-36.1.  Death of life tenant - Prima facie evidence.

In the event of the death of a life tenant leaving an estate subject to probate, a certified copy of Letters Testamentary or of Administration shall constitute prima facie evidence of the life tenant's death.

Added by Laws 1992, c. 395, § 14, eff. Sept. 1, 1992.

§6037.  Remainder on successive lives must be in fee.

No remainder can be created upon successive estates for life, provided for in the preceding section, unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years unless it is for the whole residue of such term.

R.L.1910, § 6611.  

§6038.  Contingent remainder on term of years.

A contingent remainder cannot be created on a term of years, unless the nature of the contingency on which it is limited is such that the remainder must vest an interest during the continuance or at the termination of lives in being at the creation of such remainder.

R.L.1910, § 6612.  

§6039.  Estate for life limited as remainder.

No estate for life can be limited as a remainder on a term of years, except to a person in being at the creation of such estate.

R.L.1910, § 6613.  

§6041.  Remainder in fee to heirs after life estate.

When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder so limited to them, and not as mere successors of the owner for life.

R.L.1910, § 6615.  

§6042.  Remainder not contingent.

When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker, or the expiration, by lapse of time, of such term of years.

R.L.1910, § 6616.  

§6043.  Future estate after unexecuted power.

A general or special power of appointment does not prevent the vesting of a future estate, limited to take effect in case such power is not executed.

R.L.1910, § 6617.  

§6044.  Termination of estate at will.

A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice to the tenant, in the manner prescribed by the next section, to remove from the premises within a period specified in the notice, of not less than one (1) month except as provided in the chapter on "Landlord and Tenant."

R.L.1910, § 6618.  

§6045.  Notice of termination.

The notice prescribed by the last section must be in writing, and must be served by delivering the same to the tenant, or to some person of discretion residing on the premises; or if neither can, with reasonable diligence, be found, the notice may be served by affixing it on a conspicuous part of the premises, where it may be conveniently read.

R.L.1910, § 6619.  

§6046.  Action after notice.

After the notice prescribed by the two preceding sections has been served in the manner therein directed, and the period specified by such notice has expired, but not before, the landlord may reenter or proceed according to law to recover possession.

R.L.1910, § 6620.  

§6047.  Reentry, notice of.

Whenever the right of reentry is given to a grantor or lessor in any grant or lease, or otherwise, such reentry may be made at any time after the right has accrued upon three (3) days' previous written notice of intention to reenter, served in the mode prescribed by Section 6619.

R.L.1910, § 6621.  

§6048.  Possession, action for.

An action for the possession of real property leased or granted, with a right of reentry, may be maintained at any time after the right to reenter has accrued, without the notice prescribed in the preceding section.

R.L.1910, § 6622.  

§60-49.  Easements attached to land.

The following land burdens or servitudes upon land, may be attached to other land as incidents or appurtenances, and are then called easements:  

1.  The right of pasture;

2.  The right of fishing;

3.  The right of taking game;

4.  The right-of-way;

5.  The right of taking water, wood, minerals, and other things;

6.  The right of transacting business upon land;

7.  The right of conducting lawful sports upon land;

8.  The right of receiving air, light, or heat from or over, or discharging the same upon or over land;

9.  The right of receiving water from or discharging the same upon land;

10.  The right of flooding land;

11.  The right of having water flow without diminution or disturbance of any kind;

12.  The right of using a wall as a party wall;

13.  The right of receiving more than natural support from adjacent land or things affixed thereto;

14.  The right of having the whole of a division fence maintained by a coterminous owner;

15.  The right of having public conveyances stopped, or of stopping the same on land;

16.  The right of a seat in church;

17.  The right of burial; and

18.  The right to impose limitations or affirmative obligations relating to conservation pursuant to the Uniform Conservation Easement Act.

R.L.1910, § 6623.  Amended by Laws 1999, c. 384, § 9, eff. Nov. 1, 1999

§60-49.1.  Short title.

SHORT TITLE

Sections 1 through 8 of this act shall be known and may be cited as the "Uniform Conservation Easement Act".

Added by Laws 1999, c. 384, § 1, eff. Nov. 1, 1999.

§60-49.2.  Definitions.

DEFINITIONS

As used in this act:

1.  "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include, but are not limited to, retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property; and

2.  "Holder" means:

a. a governmental body empowered to hold an interest in real property under the laws of this state or the United States, or

b. a charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.

Added by Laws 1999, c. 384, § 2, eff. Nov. 1, 1999.

§60-49.3.  Creation, conveyance, acceptance, and duration.

CREATION, CONVEYANCE, ACCEPTANCE, AND DURATION

A.  Except as otherwise provided in this act, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements, provided however, nothing herein shall authorize any entity or individual to obtain a conservation easement by condemnation.

B.  No right or duty in favor of or against a holder arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.

C.  Except as provided in subsection B of Section 4 of this act, the term of a conservation easement shall be the term stated in the instrument creating it.

D.  An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.

Added by Laws 1999, c. 384, § 3, eff. Nov. 1, 1999.

§60-49.4.  Judicial Actions.

JUDICIAL ACTIONS

A.  An action affecting a conservation easement may be brought by:

1.  An owner of an interest in the real property burdened by the easement;

2.  A holder of the easement; or

3.  A person authorized by other law.

B.  The Uniform Conservation Easement Act does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.

Added by Laws 1999, c. 384, § 4, eff. Nov. 1, 1999.

§60-49.5.  Validity.

VALIDITY

A conservation easement is valid even though:

1.  It is not appurtenant to an interest in real property;

2.  It can be or has been assigned to another holder;

3.  It is not of a character that has been recognized traditionally at common law;

4.  It imposes a negative burden;

5.  It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

6.  The benefit does not touch or concern real property; or

7.  There is no privity of estate or of contract.

Added by Laws 1999, c. 384, § 5, eff. Nov. 1, 1999.

§60-49.6.  Applicability.

APPLICABILITY

A.  The Uniform Conservation Easement Act applies to any interest created after November 1, 1999, which complies with the Uniform Conservation Easement Act, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise.

B.  The Uniform Conservation Easement Act applies to any interest created before November 1, 1999, if it would have been enforceable had it been created after November 1, 1999, unless retroactive application contravenes the constitution or laws of this state or the United States.

C.  The Uniform Conservation Easement Act does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other laws of this state.

Added by Laws 1999, c. 384, § 6, eff. Nov. 1, 1999.

§60-49.7.  Uniformity of application and construction.

UNIFORMITY OF APPLICATION AND CONSTRUCTION

This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

Added by Laws 1999, c. 384, § 7, eff. Nov. 1, 1999.

§60-49.8.  Additional Construction.

ADDITIONAL CONSTRUCTION

Unless the grantor of a conservation easement elects otherwise at the time of and in the same manner as the grant of the easement:

1.  Nothing in this act shall be construed to impair the rights of a party with respect to the acquisition of rights-of-way, easements, or other property rights, whether through voluntary conveyance or eminent domain, upon or under which facilities, plant, system, or other improvements including, but not limited to, a pipeline for transmission, gathering, or transportation of hydrocarbons are to be constructed; and

2.  The holder of a conservation easement must subordinate, without construction restrictions or other obligations, the conservation easement upon the request of any party owning any of the above rights-of-way, easements, or other property rights whether acquired prior or subsequent to the conservation easement.

Added by Laws 1999, c. 384, § 8, eff. Nov. 1, 1999.

§6050.  Easements not attached to land.

The following land burdens or servitudes upon land may be granted and held, though not attached to land:

1.  The right to pasture, and of fishing and taking game.

2.  The right of seat in church.

3.  The right of burial.

4.  The right of taking rents and tolls.

5.  The rightofway.

6.  The right of taking water, wood, minerals, or other things.  

R.L.1910, § 6624.  

§6051.  Dominant and servient tenements.

The land to which an easement is attached is called the dominant tenement; the land upon which a burden or servitude is laid is called the servient tenement. R.L. 1910 Sec. 6625.

R.L.1910, § 6625.  

§6052.  Servitude, who may create.

A servitude can be created only by one who has a vested estate in the servient tenement. R.L. 1910 Sec. 6626.

R.L.1910, § 6626.  

§60-53.  Servitude, who cannot hold.

A servitude thereon cannot be held by the owner of the servient tenement.

R.L. 1910, § 6627.

§6054.  Extent of servitude.

The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired.  R.L. 1910 Sec. 6628.

R.L.1910, § 6628.  

§6055.  Partition of servitude.

In case of partition of the dominant tenement, the burden must be apportioned according to the division of the dominant tenement, but not in such a way as to increase the burden upon the servient tenement. R.L. 1910 Sec. 6629.

R.L.1910, § 6629.  

§6056.  Rights of owner of future estate.

The owner of a future estate in a dominant tenement, may use easements attached thereto, for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easements, although such tenement if occupied by a tenant.  R.L. 1910 Sec. 6630.

R.L.1910, § 6630.  

§6057.  Action to enforce easement.

The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain an action for the enforcement of an easement attached thereto. R.L. 1910 Sec. 6631.

R.L.1910, § 6631.  

§6058.  Action for possession of servient tenement.

The owner in fee of a servient tenement may maintain an action for the possession of the land, against any one unlawfully possessed thereof, though a servitude exists thereon in favor of the public. R.L. 1910 Sec. 6632.

R.L.1910, § 6632.  

§6059.  Servitude extinguished, how.

A servitude is extinguished:

1.  By the vesting of the right to the servitude and the right to the servient tenement in the same person.

2.  By the destruction of the servient tenement.

3.  By the performance of any act upon either tenement, by the owner of the servitude, or with his assent which is incompatible with its nature or exercise; or,

4.  When the servitude was acquired by enjoyment, by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment. R.L. 1910 Sec. 6633.

R.L.1910, § 6633.  

§6059.1.  Abstracting easement with mortgage or bond indenture  Restrictions.

If a mortgage or bond indenture describes or makes reference to a recorded easement, the abstractor shall identify the mortgage or bond indenture in the abstract of title, state that the land described in the abstract of title is subject to the mortgage or bond indenture, and give the date of the mortgage or bond indenture, the book and page of its recording and the book and page of the recording of the easement described in said mortgage.  The abstractor shall not otherwise summarize, abstract or copy the mortgage or bond indenture in full unless authorized in writing by the owner, purchaser or lessee of the land.

Added by Laws 1982, c. 109, § 1, emerg. eff. April 6, 1982.  

§6059.2.  Abstracting or copying mortgage or bond indenture without authorization  Damages.

If any abstractor fails to obtain written authorization by the owner, purchaser or lessee of the land and subsequently summarizes, abstracts or copies the mortgage or bond indenture in full, he shall be liable for damages.

Added by Laws 1982, c. 109, § 2, emerg. eff. April 6, 1982.  

§6059.3.  Application of act.

The provisions of this act shall be prospective in nature and shall not apply to any documents recorded prior to the effective date of this act.

Added by Laws 1982, c. 109, § 3, emerg. eff. April 6, 1982.  

§6060.  Ownership of water  Use of running water.

A.  The owner of the land owns water standing thereon, or flowing over or under its surface but not forming a definite stream. The use of groundwater shall be governed by the Oklahoma Groundwater Law. Water running in a definite stream, formed by nature over or under the surface, may be used by the owner of the land riparian to the stream for domestic uses as defined in Section 105.1 of Title 82 of the Oklahoma Statutes, but he may not prevent the natural flow of the stream, or of the natural spring from which it commences its definite course, nor pursue nor pollute the same, as such water then becomes public water and is subject to appropriation for the benefit and welfare of the people of the state, as provided by law; Provided however, that nothing contained herein shall prevent the owner of land from damming up or otherwise using the bed of a stream on his land for the collection or storage of waters in an amount not to exceed that which he owns, by virtue of the first sentence of this section so long as he provides for the continued natural flow of the stream in an amount equal to that which entered his land less the uses allowed for domestic uses and for valid appropriations made pursuant to Title 82 of the Oklahoma Statutes; provided further, that nothing contained herein shall be construed to limit the powers of the Oklahoma Water Resources Board to grant permission to build or alter structures on a stream pursuant to Title 82 of the Oklahoma Statutes to provide for the storage of additional water the use of which the landowner has or acquires by virtue of this act.

B.  All rights to the use of water in a definite stream in this state are governed by this section and other laws in Title 82 of the Oklahoma Statutes, which laws are exclusive and supersede the common law.

Amended by Laws 1988, c. 203, § 1, emerg. eff. June 10, 1988.  

§6061.  Life lease rent.

Rent due upon a lease for life may be recovered in the same manner as upon a lease for years. R.L. 1910 Sec. 6635.

R.L.1910, § 6635.  

§6062.  Life lease rent, recovery after death.

Rent dependent on the life of a person may be recovered after as well as before his death. R.L. 1910 Sec. 6636.

R.L.1910, § 6636.  

§6063.  Action for injury to inheritance.

A person having an estate in fee, in remainder, or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action. R.L. 1910 Sec. 6637.

R.L.1910, § 6637.  

§6064.  Fee title covers what.

The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it.  R.L.  1910 Sec. 6638.

R.L.1910, § 6638.  

§6066.  Lateral and subjacent support, right to.

Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavations.  R.L.  1910 Sec. 6641.

R.L.1910, § 6641.  

§6067.  Trees on land, ownership of.

Trees whose trunks stand wholly upon the land of one owner, belong exclusively to him, although their roots grow into the land of another. R.L. 1910 Sec. 6642.

R.L.1910, § 6642.  

§6068.  Trees on line, ownership of.

Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common. R.L. 1910 Sec. 6643.

R.L.1910, § 6643.  

§6069.  Duties of life tenant.

The owner of a life estate must keep the buildings and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance. R.L. 1910 Sec. 6644.

R.L.1910, § 6644.  

§6070.  Boundaries and fences.

Coterminous owners are mutually bound equally to maintain:

1.  The boundaries and monuments between them.

2.  The fences between them, unless one of them chooses to let his land lie open as a public common, in which case, if he afterwards encloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter.  R.L. 1910 Sec. 6645.

R.L.1910, § 6645.  

§6071.  Appointment of trustee where there are contingent remainders.

In any case where, by will or deed or other instrument, title to real estate is in a tenant for life or other person having the right to the use thereof and income therefrom, with the remainder interest left to one or more contingent remaindermen, so that it is impossible to determine until the death of the life tenant or the future happening of some other determining event, what interest, if any, the various contingent remaindermen will take; the district court, upon the application of the life tenant, shall have jurisdiction and authority to appoint a trustee under proper bond, over said real estate, for the purpose of leasing the same for oil and gas developing purposes. Laws 1939 P. 355, Sec. 1.

Laws 1939, p. 355, § 1.  

§6072.  Trustee may make oil and gas leases and other mining leases.

Said trustee shall have the power and authority to make valid oil and gas leases and other mining leases, upon said lands, for a term not to exceed ten (10) years, and as long thereafter as oil, gas or other minerals may be produced in paying quantities, said leases to be executed and approved under the same procedure now followed in leasing lands for oil and gas purposes in guardianships and estates, the bonus and rentals therefrom to be paid to the life tenant or other person entitled thereto. Laws 1939 P. 355, Sec. 2.

Laws 1939, p. 355, § 2.  

§60-73.  Trustee's authority to invest income from royalties - Payments to life tenant or other person.

Under proper court order the trustee shall be authorized to invest income from royalties pursuant to the provisions of the Oklahoma Uniform Prudent Investor Act, unless otherwise provided by law, which investments shall remain intact until the ultimate taker is determined and shall then be paid over to the ultimate taker and the trust closed.  Income from investments shall be paid to the life tenant or other person entitled thereto.

Added by Laws 1939, p. 355, § 3, emerg. eff. May 10, 1939.  Amended by Laws 1995, c. 351, § 19, eff. Nov. 1, 1995.

§6074.  Joint tenancy and tenancy by entirety.

A joint interest is one owned by several persons in either real or personal property in equal shares, being a joint title created by a single instrument, will or transfer when expressly declared in the instrument, will or transfer to be a joint tenancy, or as between husband and wife a tenancy by entirety or joint tenancy as the grantor may elect, or when granting or devising to executors or trustees as joint tenants.  A tenancy by entirety can only be created between husband and wife.

Such joint tenancy or tenancy by entirety may be created by transfer to persons as joint tenants or tenants by entirety from an owner or a joint owner to himself and one or more persons, or from tenants in common to themselves, or by coparceners in voluntary partition, and such estates may be created by or for persons who have elected to become bound under any community property act now in existence or which may hereafter be enacted.  An adjudication of incompetency shall not operate to terminate such an estate.

Where a deed, transfer or conveyance grants an estate in joint tenancy or tenancy by entirety in the granting clause thereof, the granting clause shall control over the habendum clause containing language inconsistent to the granting clause.

In the event of the death of a joint tenant or tenant by entirety, leaving estate subject to probate, a certified copy of letters testamentary or of administration shall constitute prima facie evidence of such death.

The provisions of this act shall apply to all estates in joint tenancy or tenancy by entirety in either real or personal property heretofore or hereafter created.

Nothing herein contained shall prevent execution, levy and sale of the interest of the judgment debtor in such estates and such sale shall constitute a severance. Laws 1945 P. 213, Sec. 1.

§6074.1.  Partial invalidity.

The provisions of this act shall be severable and if any section, subsection, sentence or clause of this act is for any reason held to be invalid such holding shall not affect the validity fo the remaining portions thereof. Laws 1945 P. 213, Sec. 2.

Laws 1945, p. 213, § 2.  

§6075.  Reformation of interests violating rule against perpetuities  Intent.

Any interest in real or personal property that would violate the rule against perpetuities shall be reformed, or construed within the limits of the rule, to give effect to the general intent of the creator of that interest whenever that general intent can be ascertained.  This provision shall be liberally construed and applied to validate such interest to the fullest extent consistent with such ascertained intent.  Laws 1971, c.  139, Section 1. Eff. Oct.  1, 1971.

Laws 1971, c. 139, § 1, eff. Oct. 1, 1971.  

§6076.  Construction in accordance with cy pres doctrine.

To effectuate the provisions hereof, all courts of this state are, within their otherwise jurisdictional limits, hereby granted the power to reform or construe interests in real or personal property, as provided in Section 1 hereof, in accordance with the doctrine of cy pres.  Laws 1971, c.  139, Section 2.  Eff.  Oct.  1, 1971.

Laws 1971, c. 139, § 2, eff. Oct. 1, 1971.  

§6077.  Reformation of offending instruments.

If an instrument violates the rule against perpetuities, but can be reformed or construed in accordance with the provisions of this act, is shall not be declared totally invalid.  Rather, the provisions thereof that do not offend the rule shall be enforced, and only the provisions thereof that do violate, or might violate, the rule shall be subject to reformation or construction under the doctrine of cy pres within the terms of this act.  Laws 1971, c. 139, Section 3.  Eff.  Oct.  1, 1971.

Laws 1971, c. 139, § 3, eff. Oct. 1, 1971.  

§6078.  Applicability to certain inter vivos instruments, wills and appointments.

This act shall apply to inter vivos instruments and wills taking effect after the act becomes effective, and to appointments made after the act becomes effective, including appointments by inter  vivos instruments or wills under powers created before the act becomes  effective.  The act shall apply to both legal and equitable interests.  Laws 1971, c.  139, Section 4.  Eff.  Oct.  1, 1971.

Laws 1971, c. 139, § 4, eff. Oct. 1, 1971.  

§60121.  Alien may not hold land  Ownership of personalty.

No alien or any person who is not a citizen of the United States shall acquire title to or own land in the State of Oklahoma, except as hereinafter provided, but he shall have and enjoy in the State of Oklahoma such rights as to personal property as are, or shall be accorded a citizen of the United States under the laws of the nation to which such alien belongs, or by the treaties of such nation with the United States, except as the same may be affected by the provisions of this act or the Constitution of this state.

R.L.1910, § 6646.  

§60122.  Exceptions.

This article shall not apply to lands now owned in this state by aliens so long as they are held by the present owners, nor to any alien who is or shall take up bona fide residence in this state: and any alien who is or shall become a bona fide resident of the State of Oklahoma shall have the right to acquire and hold lands in this state upon the same terms as citizens of the State of Oklahoma during the continuance of such bona fide residence of such alien in this state: Provided, that if any such resident alien shall cease to be a bona fide inhabitant of this state, such alien shall have five (5) years from the time he ceased to be such bona fide resident in which to alienate such lands.

R.L.1910, § 6647.  

§60123.  Fiveyear limitation in certain cases.

All nonresident aliens who may hereinafter acquire real estate in Oklahoma by devise, descent or by purchase, where such purchase is made under any legal proceeding foreclosing liens in favor of such alien, may hold the same for five (5) years from the date of so acquiring such title.

R.L.1910, § 6648.  

§60124.  Escheat to state, unless conveyance made.

Any alien who shall hereafter hold lands in the State of Oklahoma in contravention of the provisions of this article, may nevertheless convey the fee simple title thereof at any time before the institution of escheat proceedings as hereinafter provided: Provided, however, that if any such conveyance shall be made by such alien either to an alien or a citizen of the United States in trust, and for the purpose and with the intention of evading the provisions of this article, or the provisions of the Constitution of this state, such conveyance shall be null and void, and any such lands so conveyed shall be forfeited and escheated to the state absolutely.

R.L.1910, § 6649.  

§60125.  Procedure to enforce escheat.

It shall be the duty of the Attorney General or the district attorney of the county where the land is situate, when he shall be informed or have reason to believe that any lands in the state are being held contrary to the provisions of this act, or the provisions of the Constitution of this state, to institute suit in behalf of the State of Oklahoma in the district court of the county in which said lands are situate, praying for the escheat of the same in behalf of the state, and proceed therein as in cases provided by law for escheats of lands or property where such property has no known owner: Provided, that before any such suit is instituted, the Attorney General, or district attorney aforesaid, as the case may be, shall give thirty (30) days' notice by registered letter of his intention to sue, directed to the owner of the lands, at his lastknown post office address or to the persons who last rendered the same for taxes, or to any known agents of the owner; proof of having mailed such registered letter shall be deemed and held prima facie evidence of the giving of such notice.

R.L.1910, § 6650.  

§60126.  Procedure  Minors and incompetents as defendants.

In case the lands, at the time escheat proceedings are about to be commenced, are owned by minors, or by persons of unsound mind, such notice shall be addressed to the guardian of the said minors, or persons of unsound mind, and if there is no such guardian, the Attorney General of the state, or district attorney shall make application in the name of the state to the court and procure the appointment of a guardian ad litem to represent such minor, or person of unsound mind in such proceedings; thereafter the district attorney shall direct the clerk of such court to ascertain the residence or postoffice address of the next of kin of such minor, or person of unsound mind, and to transmit to such next of kin a copy of the petition or application to escheat such lands, and such minor or person of unsound mind shall have ninety (90) days after the mailing of such notice to appear and defend the action.

R.L.1910, § 6651.  

§60127.  Trial and judgment.

If it shall be determined upon the trial of any such escheat proceedings that lands are held contrary to the provisions of this article, or the Constitution of this state, the court trying said cause shall render judgment condemning such lands, and order the same to be sold under the order of court, at such time, terms, and conditions as to the court may seem best; the proceeds of such sale after deducting the cost of the proceeding, shall be paid to the clerk of the court rendering the judgment where the same shall remain for one (1) year from the date of such payment, subject to the order of the alien owner of such lands, his heirs and legal representatives, and if not claimed within the period of one (1) year, such clerk shall pay the same into the treasury of the state for the benefit of the available school fund of the State: Provided, that when any money shall have been paid to the State Treasurer as hereinabove provided, an alien or his heirs may procure the same to be returned by applying for and procuring an order from the court condemning the property showing that such judgment escheating said property was procured by fraud, or mistake, or that there was material irregularity in the proceedings; this application, however, must be made within two (2) years from the date such monies were turned over into the State Treasury; and in no event shall the state be liable or called on to refund any further sum than the actual cash transmitted and delivered to such Treasurer: Provided, further, that the defendant in such escheat proceedings may at any time before final judgment suggest and prove to the court, that he has conformed to, or complied with the law, under and by which they will be entitled to hold such estate; which, it being admitted or proved, said suit shall be dismissed on payment by defendant of the costs and reasonable attorney's fees, to be fixed by the court.

R.L.1910, § 6652.  

§60131.  Trusts of real property.

Uses and trusts, in relation to real property, are those only which are specified in this article.

R.L.1910, § 6653.  

§60132.  Former uses confirmed.

Every estate which is now held as a use, executed under any former statute of this state, is confirmed as a legal estate.

R.L.1910, § 6654.  

§60136.  Requisites of a trust.

No trust in relation to real property is valid, unless created or declared:

1.  By a written instrument, subscribed by the grantor or by his agent thereto authorized by writing.

2.  By the instrument under which the trustee claims the estate affected; or,

3. By operation of law.

R.L.1910, § 6659.  

§60137.  Trust presumed, when.

When a transfer of real property is made to one person, and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made.

R.L.1910, § 6660.  

§60140.  Surplus liable to creditors.

Where a trust is created to receive the rents and profits of real property, and no valid direction for accumulation is given, the surplus of such rents and profits, beyond the sum that may be necessary for the education and support of the person for whose benefit the trust is created, is liable to the claims of the creditors of such person, in the same manner as personal property which cannot be reached by execution.

R.L.1910, § 6664.  

§60143.  Realty passes subject to power.

In every case where a trust is valid as a power in trust, the real property to which the trust relates, remains in or passes by succession to the persons otherwise entitled, subject to the execution of the trust as a power in trust.

R.L.1910, § 6667.  

§60156.  Deeds and conveyances  Works not giving notice of existence of trust  Recorded written evidence.

A.  The appearance of the words "trustee" or "as trustee" or "agent" following the names of the grantee in any deed of conveyance of land or other property, or an interest therein, heretofore or hereafter executed, without other language showing a trust, shall not be deemed to give notice to or put on inquiry any person dealing with said property that a trust exists, or that there are other beneficiaries of said conveyance except the grantee named therein, and such conveyance shall vest the title to such property in such grantee and a conveyance by such grantee, whether followed by the words "trustee" or "as trustee" or "agent" or not, shall vest title in his grantee free from any claims of all persons or corporations.

B.  Subsection A of this section shall not apply if other written evidence is recorded, whether before or after the grantor's death, which establishes that an express trust does exist with respect to property which the grantor has conveyed by deed to his grantee followed by the words "trustee" or "as trustee" provided such other written evidence is recorded prior to conveyance of such property by such grantee.

Amended by Laws 1988, c. 319, § 4, eff. Nov. 1, 1988.  

§60157.  Mortgages  Words not giving notice of existence of trust.

The appearance of the words "trustee" or "as trustee" or "agent" following the name of the mortgagee in any mortgage on real estate or personal property heretofore or hereafter executed, without other language showing a trust, shall not be deemed to give notice to or put on inquiry any person dealing with said property or mortgage that a trust exists, or that there are other beneficiaries of said mortgage except the mortgagee named therein, and such mortgage shall vest full rights and ownership to such mortgage and lien created thereby in such mortgagee, and an assignment or release of said mortgage by such mortgagee, whether followed by the words "trustee" or "as trustee" or "agent" or not, shall vest full and complete title and ownership in said mortgage in the assignee, or shall constitute a full and complete release of said mortgage, free from any claims of all persons or corporations.  This act shall not apply to any suits now pending.

Laws 1953, p. 65, § 2.  

§60-161.  Property in which trustee may invest - Judgment and care required.

Unless otherwise authorized, directed or restricted by order of court or by the will, trust agreement, or other document which is the source of the trust, the trustee may invest trust funds in any property, real, personal or mixed, in which an individual may invest the individual's own funds.  In making investments, the trustee shall comply with the provisions of the Oklahoma Uniform Prudent Investor Act.  The provisions of this section shall not be construed to authorize a trustee to buy or sell property and investments from or to the trustee personally or to commingle trust funds with the individual funds of the trustee.

Added by Laws 1949, p. 412, § 1.  Amended by Laws 1995, c. 351, § 20, eff. Nov. 1, 1995.

§60-162.  Repealed by Laws 1995, c. 351, § 27, eff. Nov. 1, 1995.

§60163.  Retention of property originally received.

A trustee may retain in trust any property originally received into the trust and any substitution therefor without liability for such retention.

Laws 1949, p. 413, § 3.  

§60164.  Trust as furtherance of public function.

The uses and purposes of the said Oklahoma Ordinance Works Authority Trust are hereby declared to be in furtherance of a public function and purpose and vital to the public welfare of the people of Oklahoma, and all actions heretofore taken by said authority are hereby in all respects approved and ratified.

Laws 1961, p. 730, § 1. Laws 1961, p. 730, § 1.  

§60165.  Acquisition of property.

It is hereby declared to be the intention and desire of the State of Oklahoma that the Oklahoma Ordinance Works Authority, as an agency of the State of Oklahoma, continue its negotiations with the General Services Administration and complete the acquisition of said property for the use and benefit of the State of Oklahoma and its people.

§60166.  Appropriation.

It is hereby directed that the State Contingency and Emergency Fund Board allocate and pay over to the Oklahoma Ordinance Works Authority Trust the sum of One Thousand Dollars ($1,000.00) in aid of such acquisition, to be expended by said Oklahoma Ordinance Works Authority Trust for expenses necessarily incurred in the acquisition and operation of said property.

Laws 1961, p. 730, § 3.  

§60-171. Trusts authorized - Powers of trustee.

Express trusts may be created in real or personal property or both, with power in the trustee, or a majority of the trustees, if there be more than one, to receive title to, hold, buy, sell, exchange, transfer and convey real and personal property for the use of such trust; to take, receive, invest or disburse the receipts, earnings, rents, profits or returns from the trust estate; to carry on and conduct any lawful business designated in the instrument of trust, generally to do any lawful act in relation to the trust property which any individual owning the same absolutely might do and to comply with the provisions of the Oklahoma Uniform Prudent Investor Act.

Added by Laws 1919, c. 16, p. 30, § 1.  Amended by Laws 1988, c. 117, § 1, eff. Nov. 1, 1988; Laws 1989, c. 223, § 3, eff. Nov. 1, 1989; Laws 1995, c. 351, § 21, eff. Nov. 1, 1995.

§60172.  Express trust, how created  Duration  Specification of duration  Extension of term.

No such express trust shall be valid unless created first, by a written instrument subscribed by the grantor or grantors duly acknowledged, as conveyances of real estate are acknowledged, and recorded in the office of the county clerk of each county wherein is situated any real estate conveyed to such trustee, as well as in the county where the principal property is located or business conducted; or, second, by a will duly executed, as required by the law of the state.  Such express trusts shall be limited in the duration thereof either to a definite period of not to exceed twentyone (21) years, or to the period of the life or lives of the beneficiary or beneficiaries thereof in being at the time of the creation of the trust.  The instrument creating the trust shall specify the period of duration thereof within the limitations herein provided.  When such express trust has originally been created for a definite term of years by a writing other than a will, the time of the existence of such express trust may be extended for a period of not exceeding twentyone (21) years at any one time, by a written instrument subscribed by all beneficiaries of such express trust, duly acknowledged as are conveyances of real estate, and recorded in the office of the county clerk of the county where is located the principal office of said trust, and in each county where is situated any real estate owned by such express trust.  Provided the provisions of this section shall be applicable and limited to business trusts and shall have no application to personal trusts.

Laws 1919, c. 16, p. 30, § 2; Laws 1947, p. 364, § 1; Laws 1949, p. 412, § 1. Laws 1919, c. 16, p. 30, § 2; Laws 1947, p. 364, § 1; Laws 1949, p. 412, § 1.  

§60173.  Succession of trustees.

Instruments creating express trusts may provide for succession to any trustee, in case of the death, resignation, removal, or incapacity of such trustee.  In case of any such succession, the title to the trust property shall at once vest in the succeeding trustee.

Laws 1919, c. 16, p. 30, § 3.  

§60174.  Liability of trustees and beneficiaries.

Liability to third persons for any act, omission, or obligation of a trustee or trustees of an express trust when acting in such capacity, shall extend to the whole of the trust estate held by such trustee or trustees, or so much thereof as may be necessary to discharge such liability, but no personal liability shall attach to the trustee or the beneficiaries of such trust for any such act, omission or liability.

Laws 1919, c. 16, p. 30, § 4.  

§60174.1.  Private foundations  Governing instrument deemed to contain certain provisions  Amendment without judicial proceedings.

A.  Notwithstanding any provision of Oklahoma law or in the governing instrument to the contrary, except as provided in subsection C hereof, the governing instrument of each trust which is a private foundation as described in Section 509 of the Federal Internal Revenue Code of 1954, including each nonexempt charitable trust described in Section 4947(a)(1) of the Code which is treated as a private foundation, and the governing instrument of each nonexempt splitinterest trust as described in Section 4947(a)(2) of the Code, but only to the extent that Section 508(e) of the Code is applicable to such nonexempt splitinterest trust under Section 4947(a)(2) of the Code, shall be deemed to contain the following provisions: "The trust shall make distributions at such time and in such manner as not to subject the trust to tax under Section 4942 of the Federal Internal Revenue Code; the trust shall not engage in any act of selfdealing which would subject it to tax under Section 4941 of the Code; the trust shall not retain any excess business holdings which would subject it to tax under Section 4943 of the Code; the trust shall not make any investments which would subject it to tax under Section 4944 of the Code; and the trust shall not make any taxable expenditures which would subject it to tax under Section 4945 of the Code." With respect to any such trust created prior to January 1, 1970, this subsection A shall apply only for its taxable years beginning on or after January 1, 1972.

B.  The trustee of any trust described in subsection A hereof, with the consent of the trustor, if then living and competent to give consent, may, without judicial proceedings, amend the governing instrument to expressly include the provisions required by Section 508(e) of the Code by executing a written amendment to the trust and filing a duplicate original of such amendment with the Secretary of State of the State of Oklahoma.

C.  The trustee of any trust described in subsection A hereof, with the consent of the trustor, if then living and competent to give consent, may, without judicial proceedings, amend such trust to expressly exclude the application of subsection A by executing a written amendment to the trust and filing a duplicate original of such amendment with the Secretary of State of the State of Oklahoma, and, upon the filing of such amendment, subsection A shall not apply to such trust.

D.  All references in this section to the "Code" are to the Federal Internal Revenue Code of 1954, and all references in this section to specific sections of this Code include corresponding provisions of any subsequent federal tax laws.

Laws 1971, c. 303, § 1, emerg. eff. June 17, 1971.  

§60174.2.  Articles of incorporation deemed to contain certain provisions  Amendment.

A.  Notwithstanding any provisions of Oklahoma law or in the articles of incorporation to the contrary, except as provided in subsection B hereof, the articles of incorporation of each corporation which is a private foundation as described in Section 509 of the Federal Internal Revenue Code of 1954 shall be deemed to contain the following provisions: "The corporation shall make distributions at such time and in such manner as not to subject it to tax under Section 4942 of the Federal Internal Revenue Code; the corporation shall not engage in any act of selfdealing which would subject it to tax under Section 4941 of the Code; the corporation shall not retain any excess business holdings which would subject it to tax under Section 4943 of the Code; the corporation shall not make any investments which would subject it to tax under Section 4944 of the Code; and the corporation shall not make any taxable expenditures which would subject it to tax under Section 4945 of the Code." With respect to any such corporation organized prior to January 1, 1970, this subsection A shall apply only for its taxable years beginning on or after January 1, 1972.

B.  The articles of incorporation of any corporation described in subsection A hereof may be amended to expressly exclude the application of subsection A, and, in the event of such amendment, subsection A shall not apply to such corporation.

C.  All references in this section to the "Code" are to the Federal Internal Revenue Code of 1954, and all references in this section to specific sections of the Code include corresponding provisions of any subsequent federal tax laws.

Laws 1971, c. 303, § 2, emerg. eff. June 17, 1971.  

§60175.  Trust for benefit of spouse revoked upon death of maker  Annulment or divorce  Exemptions.

A.  If, after making an express trust, the trustor is divorced, all provisions in such express trust in favor of the trustor's former spouse, which are to take effect upon the death of the trustor, are thereby revoked.  Annulment of the trustor's marriage shall have the same effect as a divorce.  In the event of either divorce or annulment, the trustor's former spouse shall be treated for all purposes under the express trust, as having predeceased the trustor.  For purposes of this section, "express trust" shall include a "Totten Trust" as described in Section 902 of Title 6 of the Oklahoma Statutes and shall not include a "business trust".

B.  Subsection A of this section shall not apply:

1.  If the decree of divorce or annulment is vacated;

2.  If the trustor had remarried said former spouse and was married to said spouse at the time of the trustor's death;

3.  If the decree of divorce or annulment contains a provision expressing an intention contrary to subsection A of this section;

4.  If the trustor makes the express trust subsequent to the divorce or annulment;

5.  To the extent, if any, the express trust contains a provision expressing an intention contrary to subsection A of this section; or

6.  If prior to the death of the trustor and subsequent to the divorce or annulment, the trustor executes an amendment to said express trust which is not revoked or held invalid.

C.  This section shall apply to any express trust, the trustor of which dies on or after November 1, 1987.

Added by Laws 1987, c. 201, § 3, eff. Nov. 1, 1987.  

§60175.1.  Citation of Act.

This act may be cited as the Oklahoma Trust Act.

§60175.2.  Purposes of trust.

A trust in relation to real and personal property, or either of them, may be created for any purpose or purposes for which a contract may be made.

Laws 1941, p. 250, § 2.  

§60175.3.  Definitions of terms used.

As used in this act unless the context or subject matter otherwise requires:

A.  "Person" means an individual, a corporation, a partnership, an association, a joint stock company, a business trust, an unincorporated organization, or two or more persons having a joint or common interest.

B.  "Trustor" means the maker, creator, donor, settlor, grantor, of a trust and the testator or testatrix of a will containing trust provisions.

C.  "Trustee" includes trustees, a corporate trustee and the judicially ordered successor of the corporate trustee in the event of assumption by a financial institution of fiduciary accounts for all trusts of the corporate trustee in existence on the date of the assumption, including testamentary trusts which come into existence after the date of assumption, as well as a natural person and a successor or substitute trustee.  Provided, a successor in interest shall include a judicially ordered successor in the event of an assumption by a financial institution of fiduciary accounts for all trusts in existence on the date of the assumption, together with those testamentary trusts which come into existence after the date of assumption.

D.  "Relative" means a spouse, ancestor, descendant, brother, or sister, by blood or adoption.

E.  "Affiliate" means any person directly or indirectly controlling or controlled by another person, or any person under direct or indirect common control with another person.  It includes, but is not limited to, any person with whom a trustee has an express or implied agreement regarding the purchase of trust investments by each from the other, directly or indirectly, except a broker or stock exchange.  It does not include a bank, trust company or affiliate of a bank or trust company which is providing services to an investment company or trust as investment adviser, sponsor, distributor, custodian, transfer agent, administrator, registrar or otherwise.

F.  "Trust" means an express trust only, and does not include so called "business trusts".

G.  "Principal" means any real or personal property which has been so set aside or limited by the owner thereof, or a person thereto, legally empowered that it and any substitutions for it are eventually to be conveyed, delivered, or paid to a person, while the return therefrom, or use thereof, or any part of such return or use is in the meantime to be taken or received by or held for accumulation for the same or another person.

H.  "Income" means the return derived from principal.

I.  "Tenant" means the person to whom income is presently or currently payable, or for whom it is accumulated or who is entitled to the beneficial use of the principal presently and for a time prior to its distribution.

J.  "Remainderman" means the person ultimately entitled to the principal, whether named or designated by the terms of the transaction by which the principal was established or determined by operation of law.

K.  "Beneficiary" means any person entitled to receive from a trust any benefit of whatsoever kind or character.

L.  "Trustee's compensation," as used in this act, means the normal, recurring fee of the trustee for services in the management and administration of the trust estate, irrespective of the manner of computation of such fee.  "Trustee's commission," as used in this act, means the fee of the trustee for services rendered, other than in the normal management and administration of the trust estate, and includes extraordinary services, remuneration of the trustee for acceptance, distribution, termination, and all other fees of similar nature, as distinguished from regularly recurring compensation for management and supervision of the trust estate by the trustee.

Amended by Laws 1988, c. 319, § 5, eff. Nov. 1, 1988; Laws 1990, c. 260, § 34, operative July 1, 1990.

§60175.4.  Legal estate of person in possession and entitled to rents and profits.

Every person who, by virtue of any transfer or devise, is entitled to the actual possession of real property, and the receipts of the rents and profits thereof, is deemed to have a legal estate therein, of the same quality and duration, and subject to the same conditions as his beneficial interest.

Laws 1941, p. 251, § 4.  

§60175.5.  Trustee's title, when not divested by preceding section.

The last preceding section does not divest the estate of any trustee in a trust heretofore existing, where the title of such trustee is not merely nominal, but is connected with some power of actual disposition or management in relation to the real property, which is the subject of the trust.

Laws 1941, p. 251, § 5.  

§60175.6.  Manner of creating trust  Beneficiary as cotrustee.

A trust may be created by:

A.  A declaration by the owner of property that he holds it as trustee for another person, or for himself and another person or persons; or

B.  A transfer inter vivos by the owner of property to another person as trustee for the transferor or for a third person; or

C.  A transfer by will by the owner of property to another person as trustee for a third person; or

D.  An appointment by one person having a power of appointment to another person as trustee for the donee of the power or for a third person; or

E.  A promise by one person to another person whose rights thereunder are to be held in trust for a third person; or

F.  A beneficiary may be a cotrustee and the legal and equitable title to the trust estate shall not merge by reason thereof. Provided, however, that no trust in relation to real property shall be valid, unless created or declared:

1.  By a written instrument subscribed by the trustor or by his agent thereto authorized by writing;

2.  By the instrument under which the trustee claims the estate affected.

Laws 1941, p. 251, § 6.  

§60175.6a.  Acquiring and holding real property in name of express trust  Transfer  Memorandum  Presumption for conveyance by trustee.

Any estate in real property may be acquired and held in the name of an express private trust which is a legal entity.  Where real property is so acquired, any conveyance, assignment or other transfer shall be made in the name of such trust by the trustee or trustees of said trust.  When real property is transferred or acquired in the name of the trust after the effective date of this act, the trustee shall file a memorandum of trust with the county clerk in which the real property is located.  The memorandum of trust shall include the date of creation and the name of the trustee or trustees of the trust.

Any person or persons making such conveyances and executing instruments while purporting to be the trustee or trustees of such trusts shall be presumed to be acting in the capacity indicated and within the scope of their authority in any action to set aside such conveyance brought against a bona fide purchaser for value.

§60175.6b.  Time limit for challenges to validity of prior conveyances.

Any conveyance made and filed of record prior to the effective date of this act placing real property or any interest therein in a trust naming the trust itself as the grantee shall be valid for all purposes unless any person claiming adversely to such trust or to its successors shall file an affidavit setting forth the basis of such in the office of the county clerk of the county or counties wherein said property is located within one (1) year from the effective date of this act.

§60175.7.  Rights of transferee of trust property for value and without notice.

If the trustee in breach of trust transfers trust property to, or creates a legal interest in the subject matter of the trust in, a person who takes for value and without notice of breach of the trust, actual or constructive under the recording act, and who is not knowingly taking part in an illegal transaction, the latter holds the interest so transferred or created free of the trust and is under no liability to the beneficiary.

Laws 1941, p. 251, § 7.  

§60175.8.  Transferor of money or property not responsible for application by trustee.

A person who, with or without knowledge of the trust, in good faith pays or transfers to a trustee any money or other property which the trustee as such is authorized to receive, is not responsible for the proper application thereof by the trustee; and any right or title acquired from the trustee in consideration of such payment or transfer is not invalid in consequence of a misapplication by the trustee.

Laws 1941, p. 251, § 8.  

§60175.9.  Trustee lending funds to self, affiliate, etc.

Except as provided in Section 10, no corporate trustee shall lend trust funds to itself or an affiliate, or to any director, officer, or employee of itself or of an affiliate; nor shall any noncorporate trustee lend trust funds to himself, or to his relative, employer, employee, partner, or other business associate.

Laws 1941, p. 252, § 9.  

§60175.10.  Deposits by corporate trustee with itself  Security.

A corporate trustee may deposit with itself trust funds in checking and savings accounts, savings certificates, certificates of deposit, and any other type of demand or time deposit, provided it maintains under control of its trust department, if it has a trust department separate from its banking department, as security for such deposit a separate fund consisting of securities legal for trust investments which have at all times during the deposit a total market value exceeding the amount of the deposit. No such security shall be required to the extent said deposit is guaranteed by or under state or federal law.

The separate fund of securities shall be marked as such. Withdrawals from or additions to it may be made from time to time, as long as the required value is maintained.  The income of such securities shall belong to the corporate trustee.

Laws 1941, p. 252, § 10; Laws 1981, c. 143, § 1.  

§60175.11.  Trustee buying from, or selling to, self, affiliate, etc.

No trustee shall directly or indirectly buy or sell any property for the trust from or to itself or an affiliate; or from or to a director, officer, or employee of such trustee or of an affiliate; or from or to himself, a relative, employer, partner, or other business associate; provided a national banking association or a state bank and trust company performing trust functions, where acting as executor, administrator, guardian, or trustee, may sell stock of itself to one or more of its officers, stockholders, or directors upon a court of competent jurisdiction finding that such sale will be for the best interest of the trust estate and making an order for such sale.

Laws 1941, p. 252, § 11.  

§60175.12.  Trustee selling to self as trustee of another trust.

No trustee shall as trustee of one trust sell property to himself as trustee of another trust, except bonds, notes, and obligations fully guaranteed as to both principal and interest, by the United States of America, which may be so sold at the current market price.

Laws 1941, p. 252, § 12.  

§60175.13.  Trustee purchasing stock, bond or securities of self, affiliate, etc.

No corporate trustee shall purchase for a trust, shares of its own stock, or its bonds, or other securities, or the stock, bonds or other securites of an affiliate.

This section shall not prohibit the exercise of stock rights issued in connection with shares of the trustee bank or its affiliates owned in a fiduciary capacity, nor payments for the rounding out of fractional shares received in connection with the stock dividends issued by the trustee bank or its affiliates; provided that,

(1) in the election of directors, shares of its own stock held by a bank as sole trustee, whether registered in its own name as such trustee or in the name of its nominee, shall not be voted by the registered owner unless under the terms of the trust the manner in which such shares shall be voted may be determined by a donor or beneficiary of the trust and unless such donor or beneficiary actually directs how such shares shall be voted,

(2) shares of its own stock held by a bank and one or more persons as trustees may be voted by such other person or persons, as trustees, in the same manner as if he or they were the sole trustee.  No noncorporate trustee shall purchase for a trust the stock, bonds, or other securities of a corporation with which he is connected as director, owner, manager, or in executive capacity.

Laws 1941, p. 252, § 13; Laws 1968, c. 15, § 3, emerg. eff. Feb. 19, 1968.  

§60175.14.  Trustee voting corporate stock.

A trustee owning corporate stock may vote it by proxy, with or without power of substitution, but shall be liable for any loss resulting to the beneficiaries from a failure to use reasonable care in deciding how to vote the stock and in voting it.

Laws 1941, p. 252, § 14.  

§60175.15.  Trustee owning stock in name of nominee  Exemption.

A trustee owning stock may hold it in the name of a nominee, without mention of the trust in the stock certificate or stock registration book; provided that:

A.  The trust records and all reports or accounts rendered by the trustee, clearly show the ownership of the stock by the trustee, and the facts regarding its holdings;

B.  The nominee deposits with the trustee a signed statement showing the trust ownership, endorses the stock certificate in blank, and does not have possession of the stock certificate or access thereto except under the immediate supervision of the trustee.  The trustee shall be personally liable for any loss to the trust resulting from any wrongful or negligent act of such nominee in connection with stock so held; and

C.  The provisions of this section shall not apply to a bank, trust company or national banking association.

Laws 1941, p. 252, § 15; Laws 1975, c. 123, § 2, emerg. eff. May 13, 1975.  

§60175.16.  Powers of trustee attached to office.

Unless it is otherwise provided by the trust instrument, or an amendment thereof, or by court order, all powers of a trustee shall be attached to the office and shall not be personal.

Laws 1941, p. 253, § 16.  

§60175.17.  Cotrustees  Powers and liabilities.

Unless it is otherwise provided by the trust instrument, or an amendment thereof, or by court order:

A.  Any power vested in three or more trustees may be exercised by a majority of the trustees; but no trustee who has not joined in exercising a power shall be liable to the beneficiaries or to others for the consequences of the exercise, nor shall a dissenting trustee be liable for the consequences of an act in which the trustee joins at the direction of the majority trustees, if the trustee expressed his dissent in writing to any of the cotrustees at or before the time of the joinder.

B.  Where two or more trustees are appointed by will or a voluntary trust to execute a trust and one or more of them die, the survivor may execute the trust and may exercise the discretionary powers given to the trustees jointly, unless the terms of the will or agreement express a contrary opinion.

C.  Any cotrustee may give a power of attorney to another trustee or authorize a cotrustee to perform any act in the administration of the trust, but the trustee giving a power of attorney or authorizing an act to be performed by the cotrustee shall have the same liability and responsibility as if the trustee had performed the act done pursuant to the authorization.

D.  Nothing in this section shall excuse a cotrustee from liability for inactivity in the administration of the trust, nor for failure to attempt to prevent a breach of trust.

E.  Where two or more trustees, none of whom is the settlor, have the power as trustees to make discretionary distributions of either principal or income to or for the benefit of one of them, the trustee beneficiary may only make such discretionary distributions which provide for the health, education, or maintenance of the trustee beneficiary or to support the trustee beneficiary in an accustomed manner of living.  The provisions of this subsection shall apply to any trust created under a document executed on or before the effective date of this act unless:

1.  The trust is revocable or amendable and the settlor revokes or amends the trust at any time to provide otherwise; or

2.  The trust is irrevocable and all parties in interest elect affirmatively not to be subject to this subsection.  Such election must be made on or before the later of three (3) years after the effective date of this act, or three (3) years after the date on which the trust becomes irrevocable.

Added by Laws 1941, p. 253, § 17.  Amended by Laws 2001, c. 374, § 1, eff. Nov. 1, 2001.

§60175.18.  Action on trustee contract  Personal liability of trustee  Trustee as general or limited partner.

Whenever a trustee shall make a contract which is within his powers as trustee, or a predecessor trustee shall have made such a contract, and a cause of action arises thereon:

1.  The party in whose favor the cause of action has accrued may sue the trustee in his representative capacity, and any judgment rendered in such action in favor of the plaintiff shall be collectible by execution out of the trust property.  In such an action the plaintiff need not prove that the trustee could have secured reimbursement from the trust fund if he had paid the plaintiff's claim.

2.  No judgment shall be rendered in favor of the plaintiff in such action unless he proves that within thirty (30) days after the beginning of such action, or within such other time as the court may fix, and more than thirty (30) days prior to obtaining the judgment, he notified each of the beneficiaries known to the trustee who then had a present or contingent interest, or in the case of a charitable trust the Attorney General and any corporation which is a beneficiary or agency in the performance of such charitable trust, of the existence and nature of the action.  Such notice shall be given by mailing copies thereof in postpaid envelopes addressed to the parties to be notified at their lastknown addresses.  The trustee shall furnish the plaintiff a list of the parties to be notified, and their addresses, within ten (10) days after written demand therefor, and notification of the persons on such list shall constitute compliance with the duty placed on the plaintiff by this section.  Any beneficiary, or in the case of charitable trusts, the Attorney General and any corporation which is a beneficiary or agency in the performance of such charitable trust, may intervene in such action and contest the right of the plaintiff to recover.  If any beneficiary is a minor or has been adjudged incompetent, the court shall appoint a guardian ad litem, whose duty it shall be to defend such action.

3.  The plaintiff may also hold the trustee who made the contract personally liable on such contract, if the contract does not exclude such personal liability.  The addition of the word "trustee" or the words "as trustee" after the signature of a trustee to a contract shall be deemed prima facie evidence of an intent to exclude the trustee from personal liability.

4.  If a decedent was a partner in a general partnership and the articles of partnership so provide, on the death of a partner, his or her trustee shall be entitled to the place of the deceased partner in the partnership.  Likewise, any other trustee contracting to enter into a general partnership in its capacity as trustee shall have its liability limited to the trust assets contributed to the partnership and the other assets of that trust under the control and management of the contract.  A trustee so entering the partnership shall be liable to third persons only to the extent of the decedent's capital in the partnership and the funds of the trust under the control and management of the trustee.  This paragraph does not exonerate a trustee from liability for negligence.

5.  Unless otherwise authorized, directed or restricted by order of court or by the instrument creating the trust, a trustee may contract to enter into a limited partnership pursuant to the Limited Partnership Act and may contribute to the partnership the assets designated by the instrument creating the trust.  The trustee shall be liable only to the extent of the assets contributed by the trustee pursuant to the instrument creating the trust, notwithstanding the occurrence of any act or event which would otherwise have the effect of changing the limited partnership into a general partnership.  This paragraph does not exonerate a trustee from liability for negligence.

Laws 1941, p. 253, § 18; Laws 1981, c. 196, § 2.  

§60175.19.  Torts of trustee  Exoneration or reimbursement.

A trustee who has incurred personal liability for a tort committed in the administration of the trust is entitled to exoneration therefor from the trust property;

A.  If he has not discharged the claim, or to be reimbursed therefor out of trust funds if he has paid the claim; if

1.  The tort was a common incident of the kind of business activity in which the trustee was properly engaged for the trust; or  2.  Although the tort was not a common incident of such activity, if neither the trustee nor any officer or employee of the trustee was guilty of actionable negligence in incurring the liability.

B.  If a trustee commits a tort which increases the value of the trust property, he shall be entitled to exoneration or reimbursement with respect thereto to the extent of such increase in value, even though he would not otherwise be entitled to exoneration or reimbursement.

Where the trust instrument reserves to the trustor or vests in an advisory or investment committee or any other person, including a cotrustee, authority to direct the making or retention of investments, the excluded trustee or trustees shall not be liable as a trustee for any loss resulting from the making or retention of any investment pursuant to such mandatory direction, except to the extent the excluded trustee is negligent in carrying out the execution of the directed investment or other directed action, and nothing herein shall relieve any trustee having custody of any asset from liability for exercising due diligence in the safekeeping thereof.

Laws 1941, p. 254, § 19; Laws 1968, c. 15, § 4, emerg. eff. Feb. 19, 1968.  

§60175.20.  Actions for trustee's torts  Personal liability of trustee.

Where a trustee or his predecessor has incurred personal liability for a tort committed in the course of his administration:

A.  The trustee in his representative capacity may be sued and collection had from the trust property, if the court shall determine in such action:

1.  That the tort was a common incident of the kind of business activity in which the trustee or his predecessor was properly engaged for the trust; or

2.  That although the tort was not a common incident of such activity neither the trustee nor his predecessor, nor any officer or employee of the trustee or his predecessor, was guilty of actionable negligence in incurring the liability; or

3.  That although the tort did not fall within Classes 1 or 2 above, it increased the value of the trust property.  If the tort is within Classes 1 or 2 above, collection may be had of the full amount of damage proved; and if the tort is within Class 3 above, collection may be had only to the extent of the permanent increase in the value of the trust property.

B.  In an action against the trustee in his representative capacity under this section the plaintiff need not prove that the trustee could have secured reimbursement from the trust fund if he had paid the plaintiff's claim.

C.  No judgment shall be rendered in favor of the plaintiff in such action unless he proves that within thirty (30) days after the beginning of the action, or within such other period as the court may fix, and more than thirty (30) days prior to obtaining the judgment, he notified each of the beneficiaries known to the trustee who then had a present or contingent interest of the existence and nature of the action.  Such notice shall be given by mailing copies thereof in postpaid envelopes addressed to such beneficiaries at their last known addresses.  The trustee shall furnish the plaintiff a list of such beneficiaries and their addresses, within ten (10) days after written demand therefor, and notification of the persons on such list shall constitute compliance with the duty placed on the plaintiff by this action.  Any beneficiary may intervene in such action and contest the right of the plaintiff to recover.  If any beneficiary is a minor or has been adjudged incompetent, the court shall appoint a guardian ad litem, whose duty it shall be to defend such action.

D.  The trustee may also be held personally liable for any tort committed by him, or his agents or employees in the course of their employments, subject to the rights of exoneration or reimbursement provided in Section 19 of this act.

Laws 1941, p. 254, § 20.  

§60175.21.  Duties, restrictions or liabilities of trustee  Trustor may relieve trustee or add others.

The trustor of any trust affected by this act may, by provisions in the instrument creating the trust, or by an amendment of the trust if the trustor reserved the power to amend the trust, relieve his trustee from any or all of the duties, restrictions, and liabilities which would otherwise be imposed upon him by this act; or alter or deny to his trustee any or all of the privileges and powers conferred upon the trustee by this act; or add duties, restrictions, liabilities, privileges, or powers to those imposed or granted by this act; but no act of the trustor shall relieve a corporate trustee from the duties, restrictions, and liabilities imposed upon it by Sections 9, 10, and 11 of this act.

Laws 1941, p. 255, § 21.  

§60-175.22.  Repealed by Laws 1999, c. 419, § 4, emerg. eff. June 10, 1999.

§60-175.23.  Jurisdiction of district court regarding trusts - Venue - Parties - Applicable statutes.

A.  The district court shall have original jurisdiction to construe the provisions of any trust instrument; to determine the law applicable thereto; the powers, duties, and liability of trustee; the existence or nonexistence of facts affecting the administration of the trust estate; to require accounting by trustees; to surcharge trustee; and in its discretion to supervise the administration of trusts; and all actions hereunder are declared to be proceedings in rem.

B.  The venue of such actions shall be in the county where the trustees or any cotrustee resides.  Upon obtaining jurisdiction the same shall not be divested by the removal of the trustee from the county where the action is commenced.

C.  Actions hereunder may be brought by a trustee, beneficiary, or any person affected by the administration of the trust estate.  If the action is predicated upon any act or obligation of any beneficiary, the beneficiary shall be a necessary party to the proceedings.  The only necessary parties to such actions shall be those persons designated as beneficiaries by name or class in the instrument creating the trust and who have a vested interest in the trust which is the subject of the action, those persons currently serving as trustees of the trust, and any persons who may be actually receiving distributions from the trust estate at the time the action is filed.  Contingent beneficiaries designated by name or class shall not be necessary parties.

D.  The provisions of the statutes governing civil procedure, commencement of action, process, process by publication, appointment of guardians ad litem, supersedeas and appeal, shall govern all actions and proceedings brought under provisions of this act.

E.  A court of competent jurisdiction may, for cause shown and upon notice to the beneficiaries, relieve a trustee from any or all of the duties and restrictions which would otherwise be placed upon the trustee by this act, or wholly or partly excuse a trustee who has acted honestly and reasonably from liability for violations of the provisions of this act.

Added by Laws 1941, p. 255, § 23.  Amended by Laws 1993, c. 345, § 14, eff. Sept. 1, 1993; Laws 1995, c. 351, § 22, eff. Nov. 1, 1995.

§60175.24.  Powers of trustees  Enumeration  Others not excluded  Bond of trustee.

A.  In the absence of contrary or limiting provisions in the trust agreement or a subsequent order or decree of a court of competent jurisdiction, the trustee of an express trust is authorized:

1.  To exchange, reexchange, subdivide, develop, improve, dedicate to public use, make or vacate public plats, adjust boundaries, or partition real property, and to adjust differences in valuation by giving or receiving money or money's worth.  Easements may be dedicated to public use without consideration if deemed by the trustee to be for the best interest of the trust;

2.  To grant options and to sell real or personal property at public auction or at private sale for cash, or upon credit secured by lien upon the property sold or upon such property or a part thereof or other property;

3.  To grant or take leases of real property and of all rights and privileges above or below the surface of real property for any term or terms, including exploration for and removal of oil, gas, and other minerals, with or without options of purchase, and with or without covenants as to erection of buildings or as to renewals thereof, though the term of the lease or renewals thereof, or of such options extend beyond the term of the trust;

4.  To raze existing party walls or buildings or erect new party walls or buildings alone or jointly with owners of adjacent property. To make ordinary repairs and in addition thereto such extraordinary alterations in buildings or other structures which are necessary to make the property productive.  To effect and keep in force, fire, rent, title, liability, casualty, or other insurance of any nature, in any form and in any amount;

5.  To compromise, contest, arbitrate, or settle any and all claims of or against the trust estate or the trustee as such.  To abandon property deemed by the trustee burdensome or valueless;

6.  To pay calls, assessments, and any other sums chargeable or accruing against, or on account of shares of stock or other securities in the hands of the trustee where such payment may be legally enforceable against the trustee or any property of the trust, or the trustee deems payment expedient and for the best interest of the trust.  To sell or exercise stock subscription or conversion rights, participate in foreclosures, reorganizations, consolidations, mergers, liquidations, pooling agreements and voting trusts; to assent to corporate sales, leases, and encumbrances, and in general, except as limited by the particular trust agreement, have and exercise all powers of an absolute owner in respect of such securities.  In the exercise of the foregoing powers the trustee shall be authorized, where he deems such course expedient, to deposit stocks, bonds, or other securities with any protective or other committee formed by or at the instance of persons holding similar securities, under such terms and conditions respecting the deposit thereof as the trustee may approve.  Any stock or other securities obtained by conversion, reorganization, consolidation, merger, liquidation, or the exercise of subscription rights shall be free, unless the trust agreement provides otherwise, from any restrictions on sale or otherwise contained in the trust agreement relative to the securities originally held;

7.  To make such investment directly or in the form of securities of, or other interests in, any openend or closedend management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C.A. Section 80a-1 et seq.; provided, that the portfolio of such investment company or investment trust is limited to United States Government obligations and to repurchase agreements fully collateralized by such United States Government obligations, and provided further, that any such investment company or investment trust shall take delivery of such collateral, either directly or through an authorized custodian;

8.  To borrow money or create an indebtedness or obligation including any bond indebtedness or obligation, except as limited by the provisions of the Oklahoma Trust Act; and generally to execute any deed or other instrument and to do all things in relation to such trust necessary or desirable for carrying out any of the above powers or incident to the purposes of such trust; and

9.  To employ attorneys, accountants, agents, and brokers reasonably necessary in the administration of the trust estate; permit real estate held in trust to be occupied by a surviving spouse or minor child of the trustor and, where reasonably necessary for the maintenance of the surviving wife or minor child, invest trust funds in real property to be used for a home by such beneficiary; make any contracts pertaining to oil, gas, or other natural resources as are customary in the community where the real property held in trust is situated; in the trustee's discretion pay funeral expenses of any beneficiary actually receiving benefits from the trust estate at the time of the death of the beneficiary.

B.  The following rules of administration shall be applicable to all express trusts but such rules shall not be exclusive of those otherwise imposed by law unless contrary to these rules:

1.  Where a trustee is authorized to sell or dispose of land, such authority shall include the right to sell or dispose of part thereof, whether the division is horizontal, vertical, or made in any other way, or undivided interests therein;

2.  Where a trustee is authorized by the trust agreement creating the trust or by law to pay or apply capital money subject to the trust for any purpose or in any manner, the trustee shall have and shall be deemed always to have had power to raise the money required by selling, converting, calling in, or mortgaging or otherwise encumbering all or any part of the trust property for the time being in possession;

3.  A trustee shall have a lien and may be reimbursed with interest for, or pay or discharge out of the trust property, either principal or income or both, all advances made for the benefit or protection of the trust or its property and all expenses, losses, and liabilities, not resulting from the negligence of the trustee, incurred in or about the execution or protection of the trust or because of the trustee holding or ownership of any property subject thereto; and

4.  When the happening of any event, including marriage, divorce, attainment of a certain age, performance of educational requirements, death, or any other event, affects distribution of income or principal of trust estates, the trustees shall not be liable for mistakes of fact prior to the actual knowledge or written notice of such fact.

C.  The powers, duties, and responsibilities stated in the Oklahoma Trust Act or the Oklahoma Uniform Prudent Investor Act shall not be deemed to exclude other implied powers, duties, or responsibilities not inconsistent herewith.

D.  The trustee shall pay all taxes and assessments levied or assessed against the trust estate or the trustee by governmental taxing or assessing agencies.

E.  No trustee shall be required to give bond unless the instrument creating the trust, or a court of competent jurisdiction in its discretion upon the application of an interested party requires a bond to be given.

Added by Laws 1941, p. 255, § 24.  Amended by Laws 1949, p. 413, § 1; Laws 1986, c. 106, § 2, emerg. eff. April 5, 1986; Laws 1994, c. 306, § 1, eff. Sept. 1, 1994; Laws 1995, c. 351, § 23, eff. Nov. 1, 1995.

§60-175.25.  Alienation of interest of beneficiary - Rights and remedies of creditors - Spendthrift trusts - Trustor's interest alienable and subject to claims of creditors.

A.  Any instrument creating a trust may provide by specific words that the interest of any beneficiary in the income of the trust shall not be subject to voluntary or involuntary alienation by such beneficiary.  Subject to the following provisions of this section, a direction to this effect shall be valid and enforceable.

B.  Notwithstanding a provision in the terms of a trust restraining the alienation of the interest of a beneficiary, such interest shall be entitled to be reached in the satisfaction of claims to the following extent:

1.  All income due or to accrue in the future to the beneficiary shall be subject to enforceable claims under the laws of this state for:

a. support of a husband, wife, or child of the beneficiary,

b. necessary services rendered or necessary supplies furnished to the beneficiary, or

c. a judgment based on any such claim under subparagraph a or b; and

2.  In all cases not mentioned in paragraph 1 of this subsection, all income due or to accrue in the future to the beneficiary in excess of Twenty-five Thousand Dollars ($25,000.00) per calendar year shall be subject to garnishment by creditors of the beneficiary and shall be fully alienable by the beneficiary.

C.  Where two or more creditors undertake to reach the interest of any beneficiary of a trust, pursuant to the provisions of this section, they shall be subject to priority of payment in the order of the service of a notice of garnishment on the trustee.  The pendency of any attachment or garnishment shall not prevent the filing of a further attachment or garnishment by the same or any other creditor.

D.  Where the beneficiary of any spendthrift trust is also the beneficiary under any other spendthrift trust created or administered either within or without this state, the aggregate income payable under all such trusts to the beneficiary shall be considered together for the purpose of determining the rights of creditors and assignees under this section.

E.  The right of any beneficiary of a trust to receive the principal of the trust or any part of it, presently or in the future, shall not be alienable and shall not be subject to the claims of his creditors.

F.  Where the interest of the beneficiary of a trust is subject to the exercise of discretion by the trustee or by another, the provisions of this act as to the rights of creditors and assignees shall apply with respect to any sums which the trustee or such other person determines shall be paid to or for the beneficiary.

G.  A trust in which the interest of the beneficiary is subject to restraints on alienation as provided in this act may be called a "spendthrift trust" and a direction in any instrument creating a trust that the interest of any beneficiary shall be held on or subject to a spendthrift trust shall be sufficient to restrain the alienation of such interest to the extent provided in this act.

H.  Nothing in this act shall authorize a person to create a spendthrift trust or other inalienable interest for his own benefit. The interest of the trustor as a beneficiary of any trust shall be freely alienable and subject to the claims of his creditors.

I.  The provisions of this section may be enforced only by an action in a court of competent jurisdiction and the obligor beneficiary shall be a party defendant in such action.  The trustee shall not be required to recognize any of the obligations provided for in this section or to withhold any income from the beneficiary until said trustee has been served with summons or garnishment summons.  Such action shall be governed by the rules of civil procedure under the laws of this state.

Added by Laws 1941, p. 257, § 25.  Amended by Laws 1994, c. 306, § 2, eff. Sept. 1, 1994.

§60-175.26.  Repealed by Laws 1998, c. 115, § 33, eff. Nov. 1, 1998.

§60-175.27.  Repealed by Laws 1998, c. 115, § 33, eff. Nov. 1, 1998.

§60-175.28.  Repealed by Laws 1998, c. 115, § 33, eff. Nov. 1, 1998.

§60-175.29.  Repealed by Laws 1998, c. 115, § 33, eff. Nov. 1, 1998.

§60-175.30.  Repealed by Laws 1998, c. 115, § 33, eff. Nov. 1, 1998.

§60-175.31.  Repealed by Laws 1998, c. 115, § 33, eff. Nov. 1, 1998.

§60-175.32.  Repealed by Laws 1998, c. 115, § 33, eff. Nov. 1, 1998.

§60-175.33.  Repealed by Laws 1998, c. 115, § 33, eff. Nov. 1, 1998.

§60-175.34.  Repealed by Laws 1998, c. 115, § 33, eff. Nov. 1, 1998.

§60-175.35.  Repealed by Laws 1998, c. 115, § 33, eff. Nov. 1, 1998.

§60-175.36.  Repealed by Laws 1998, c. 115, § 33, eff. Nov. 1, 1998.

§60175.37.  Death of trustee  Appointment of successor.

Upon the death of a sole or surviving trustee of an express trust and in the absence of the trust providing for a practical method of appointment, the power to appoint a trustee shall vest in the court having jurisdiction thereof, and on petition of any person interested such court shall appoint a successor in whom the trust shall vest.

Laws 1941, p. 262, § 37.  

§60175.38.  Resignation of trustee.

Upon petition of any trustee of an express trust, a court having jurisdiction may accept his resignation, and discharge him from the trust upon such terms as the rights of the persons interested in the execution of the trust may require.

Laws 1941, p. 263, § 38.  

§60175.39.  Removal of trustee  Filling vacancies.

Trustees having violated or attempted to violate any express trust, or becoming incompetent or insolvent, or of whose solvency or that of their sureties there is reasonable doubt, or for other cause, in the discretion of the court having jurisdiction, may, on petition of any person interested, after hearing, be removed by such court and denied compensation in whole or in part; and any beneficiary, cotrustee, or successor may treat the violation as a breach of trust; and all vacancies in express trusteeships may be filled by such court.

Laws 1941, p. 263, § 39.  

§60175.40.  Rights, duties, etc. of trustees appointed by court.

Trustees appointed by the district courts of Oklahoma shall be vested with all the rights, powers, trusts, privileges, discretion and title to properties conferred upon the trustee by the trust instrument, and by statute, unless otherwise provided by the court in the order of appointment; and shall be charged with all the duties, responsibilities and liabilities enjoined by said trust instrument and by statute.

Laws 1941, p. 263, § 40.  

§60175.41.  Revocation of trust by trustor.

Every trust shall be revocable by the trustor, unless expressly made irrevocable by the terms of the instrument creating the same. Provided, that any trust may be revoked by the trustor upon the written consent of all living persons having vested or contingent interest therein.  The term "contingent interest," as used in this section, shall include an interest which a beneficiary may take by purchase, and exclude any interest which a beneficiary may take by descent.  Provided further that this section shall not apply to a spendthrift trust unless same is created by the trustor for his own benefit.

Laws 1941, p. 263, § 41.  

§60175.42.  Designation of person to whom property shall belong on failure or termination of trust  Transfer subject to trust.

Notwithstanding anything contained in the last section, the trustor of a trust may, in its creation, prescribe to whom the real or personal property to which the trust relates shall belong, in the event of the failure or termination of the trust, and may transfer or devise such property, subject to the execution of the trust.

Laws 1941, p. 263, § 42.  

§60175.43.  Legal estate of grantee or devisee of property subject to trust.

The grantee or devisee of real or personal property subject to a trust acquires a legal estate in the property, against all persons except the trustees and those lawfully claiming under them.

Laws 1941, p. 263, § 43.  

§60175.44.  Estates remaining in trustor.

Where an express trust is created in relation to real or personal property, every estate not embraced in the trust, and not otherwise disposed of, is left in the trustor of the trust or his successors.

Laws 1941, p. 263, § 44.  

§60175.45.  Grant deemed absolute as to purchasers or encumbrances for value  Notice of restrictions  Intent of Legislature.

(a)  Where an express trust is created in relation to real property; any grant, deed, conveyance, lease, easement, encum