HRS §517-2
Courts must favor free sale and long leases in wills and trusts
When a will or trust tries to restrict selling land or limits leases to less than 55 years, and a court has to interpret it, the court must lean against those restrictions. The court must also assume the trustee has power to sell or lease beyond the trust term. All wills and trusts must be read to support this public policy.
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The statute, as written — Construction of wills and trust instruments
Whenever any will or trust instrument contains any provision restraining the free alienation of land or limiting the term of leases to the duration of the trust or to a term of less than fifty-five years and any such provision comes before the court for construction, all doubts shall be resolved against any such restraint or limitation, and doubts as to the existence of a power of sale or power to lease beyond the term of the trust shall be resolved in favor of the existence of such power. In all cases every will or trust instrument now in existence or hereinafter executed shall be construed in harmony with the public policy declared by this chapter.
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