§ 2-3-823 — Property not productive of income

(a) If a marital deduction is allowed for all or part of a
trust whose assets consist substantially of property that does
not provide the spouse with sufficient income from or use of the
trust assets, and if the amounts that the trustee transfers from
principal to income under W.S. 2-3-804 and distributes to the
spouse from principal pursuant to the terms of the trust are
insufficient to provide the spouse with the beneficial enjoyment
required to obtain the marital deduction, the spouse may require
the trustee to make property productive of income, convert
property within a reasonable time or exercise the power
conferred by W.S. 2-3-804(a). The trustee may decide which
action or combination of actions to take.
(b) In cases not governed by subsection (a) of this
section, proceeds from the sale or other disposition of an asset
are principal without regard to the amount of income the asset
produces during any accounting period.