(Compensation if Trustee Breaches Trust)

1. (a) In a proceeding in which the trustee is found to be in breach of trust, the court may in its discretion either deny him all compensation, allow him a reduced compensation, or allow him full compensation.

2. (b) In the exercise of its discretion under subsection (a) of this section, the court may consider, among others, the following facts:

   1. (1) whether the breach of trust was intentional, negligent, or without fault;
   2. (2) whether or not the trustee acted in good faith;
   3. (3) whether or not the breach of trust resulted in a loss to the trust estate;
   4. (4) if a loss results, whether the trustee has indemnified the trust estate; and

   5. (5) whether the trustee's services were of value to the trust estate.

      Formerly: Acts 1971, P.L.416, SEC.6.