Which fact would best bolster Y's argument that T breached the trustee's duty of impartiality between X and Y?

• A. T failed to diversify the investments.
• B. T failed to maintain the buildings owned by the trust or to retain a reserve for depreciation.
• C. T increased distributions to X at the expense of Y.
• D. T refused to invest in any of the trust's assets.

Answer: (B)

Impartiality means the trustee must manage the trust so that the interests of all beneficiaries are treated with even-handed care, not systematically favored for one side. The fact that the trustee failed to maintain the trust’s buildings or to keep a depreciation reserve points to a broader pattern of asset stewardship that could erode the trust’s value over time. When the asset base—the core value the trust can distribute from—suffers because maintenance is neglected or because depreciation isn’t funded, the outcome is a less fair platform for achieving future distributions to both beneficiaries. This kind of mismanagement signals a lack of even-handed administration, which helps Y argue that the trustee isn’t impartially stewarding the trust for X and Y alike.