New Mexico § 46-4-4 - Trustees; appointment, succession, powers, duties, term and compensation; status of trustees; liability for acts
Full text of New Mexico New Mexico Statutes Annotated § 46-4-4 — Trustees; appointment, succession, powers, duties, term and compensation; status of trustees; liability for acts, with citation guidance and answers to common questions.
§ 46-4-4. Trustees; appointment, succession, powers, duties, term and compensation; status of trustees; liability for acts
The instrument or will creating such trusts may provide for the appointment, succession,
powers, duties, term and compensation of the trustee or trustees; and in all such
respects the terms of said instrument or will shall be controlling. If the said instrument or will makes no provision in regard to any of the foregoing,
then the general laws of the state shall control as to such omission or omissions. The trustee, or trustees, under such an instrument or will shall be an agency of the
state and the regularly constituted authority of the beneficiary for the performance
of the functions for which the trust shall have been created. No trustee or beneficiary shall be charged personally with any liability whatsoever
by reason of any act or omission committed or suffered in the performance of such
trust or in the operation of the trust property; but any act, liability for any omission
or obligation of a trustee or trustees, in the execution of such trust, or in the
operation of the trust property, shall extend to the whole of the trust estate, or
so much thereof as may be necessary to discharge such liability or obligation, and
not otherwise.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 46-4-4
What does New Mexico Statutes Annotated § 46-4-4 cover?
Section 46-4-4 ("Trustees; appointment, succession, powers, duties, term and compensation; status of trustees; liability for acts") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 46-4-4?
A common citation format is "New Mexico Statutes Annotated § 46-4-4" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 46-4-4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.