35-3-113 - Life, endowment or annuity contracts of life insurance companies.
35-3-113. Life, endowment or annuity contracts of life insurance companies.
(a) Executors, trustees and guardians are authorized, with the approval of a probate court or other court of competent jurisdiction, to invest out of income or principal of funds in their custody, in single or annual premium life, endowment or annuity contracts of legal reserve life insurance companies duly licensed and qualified to transact business within the state.
(b) Such contracts may be issued on the life or lives of any beneficiary, cestui que trust or ward, who may have a vested or contingent interest in the estate, or on the life or lives of any parent, trustor or other person in whom any beneficiary, cestui que trust or ward may have an insurable interest, and shall such be so drawn that the legal title of the policy or contract shall be in and the proceeds or avails of the proceeds payable to and in the control of the fiduciary making the investment, and may be retained and shall be subject to transfer, assignment and conveyance by the fiduciary as other personal property held in the account.
(c) Contracts may not be purchased from any company for which the executor, guardian or trustee is acting as agent, or receives any commission, or part of any commission, directly or indirectly paid by the company to its agent soliciting and/or selling the contract.
[Acts 1939, ch. 133, §§ 1-3; 1945, ch. 150, § 1; mod. C. Supp. 1950, § 9596.2; T.C.A. (orig. ed.), § 35-313.]