§ 2312. Commissions of corporate trustees, including when acting as\n donees of powers during minority or donees of power in trust\n 1. If the will or lifetime trust instrument makes provisions for\nspecific rates or amounts of commissions (other than a general reference\nto commissions allowed by law or words of like import) for a corporate\ntrustee, or, if a corporate trustee has agreed to accept specific rates\nor amounts of commissions, a corporate trustee, whether as trustee or as\ndonee of a power in trust, including for purposes of this section as\ndonee of a power during minority, created under the provisions of the\nwill or lifetime trust instrument, shall be entitled to be compensated\nin accordance with such provisions or agreement, as the case may be.\n 2. For trusts having a principal value of more than four hundred\nthousand dollars and as donee of a power in trust where the property\nsubject to the power, including for purposes of this section the\nproperty subject to a power during minority, has a principal value of\nmore than four hundred thousand dollars and subject to the provisions of\nsubdivision 4 of this section, if the will or lifetime trust instrument\ndoes not make provisions for specific rates or amounts of commissions,\nor, contains only a general reference to commissions allowed by law or\nwords of like import, a corporate trustee shall be entitled to such\ncommissions as may be reasonable, and the court, upon application of a\nperson interested in the trust or in the fund held by the corporate\ntrustee as donee of a power in trust, may review the reasonableness of\nthe commission of such corporate trustee.\n 3. Subject to the provisions of paragraph (a) of subdivision 4 of this\nsection and regardless of the principal value of the trust: (a) during\nthe continuance of a trust created solely for public, religious,\ncharitable, scientific, literary, educational or fraternal uses and\nduring the period of continuance of such a trust established after the\ntermination of a life use or uses a corporate trustee, except as\nprovided in paragraph (b) of this subdivision, shall be entitled to and\nmay retain annual commissions in accordance with the provisions of\nsubdivision 1 or 2 of this section, as the case may be.\n (b) In the case of a trust created solely for public, religious,\ncharitable, scientific, literary, educational or fraternal uses a\ncorporate trustee shall not be entitled to any commission for paying out\nprincipal.\n (c) In the case of such a trust which continues after the termination\nof the measuring life use or uses a corporate trustee for the period of\nthe measuring life use or uses shall be entitled to commissions from\nincome and principal according to the provisions of subdivision 1 or 2\nhereof, as the case may be, and except in respect of principal paid out\nto a charity or for charitable uses shall be entitled to a commission\nfor distributing all sums of principal in accordance with the provisions\nof subdivision 1 or 2 hereof, as the case may be.\n 4. Notwithstanding anything contained in this chapter, the estates,\npowers and trusts law or any other provision of law to the contrary,\n (a) Except as otherwise provided by paragraph (b) of this subdivision\nand subdivision three of this section, a corporate trustee of any trust\ncreated under will or lifetime trust instrument, or as donee of a power\nin trust created under will or lifetime instrument, whether in existence\non or after the effective date of this section, shall be entitled to\nreceive at least the compensation provided for an individual trustee\nunder subdivisions 1, 2, 5 (but only as trustee), 6, 7 and 12 of section\n2308 and subdivisions 1, 2, 5 (but only as trustee), 6, 7 and 8 of\nsection 2309, as the case may be, in effect after the effective date of\nthis section, at the time and in the manner provided by such sections,\nunless the will or lifetime trust instrument or an agreement betwee
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