KRS 389A.020: Limitation on power of fiduciary to sell or mortgage property -- Circuit

clerk may alter.

In the event the power of a fiduciary to sell or mortgage any real estate is expressly

limited by the will or trust instrument under which he is acting, such li mitation may only

be altered or amended by the Circuit Court of the county wherein the fiduciary was

appointed, or if the fiduciary is acting under an agreement of trust without court

supervision, the county in which the trust is or could be registered, in an action brought

by the fiduciary in which all persons having a present or contingent interest in the

property interest sought to be sold or mortgaged or its proceeds are made parties. Before

adjudging that the fiduciary may deviate from the terms of the will or trust the court shall

determine that there exist circumstances apparently unknown to the testator or settlor; that

such circumstances would substantially impair the accomplishment of the purposes

intended; and that deviation is in the best interests of all parties concerned.