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This entry was published on 2014-09-22
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SECTION 7701
Special proceeding relating to express trust
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 77
§ 7701. Special proceeding relating to express trust. A special
proceeding may be brought to determine a matter relating to any express
trust except a voting trust, a mortgage, a trust for the benefit of
creditors, a trust to carry out any plan of reorganization of real
property acquired on foreclosure or otherwise of a mortgage or mortgages
against which participation certificates have been issued and guaranteed
by a corporation and for which the superintendent of financial services
has been or may hereafter be appointed rehabilitator or liquidator or
conservator, a trust to carry out any plan of reorganization pursuant to
sections one hundred nineteen through one hundred twenty-three of the
real property law or pursuant to section seventy-seven B of the national
bankruptcy act, and trusts for cemetery purposes, as provided for by
sections 8-1.5 and 8-1.6 of the estates, powers and trusts law.

Any party to the proceeding shall have the right to examine the
trustees, under oath, either before or after filing an answer or
objections, as to any matter relating to their administration of the
trust, in accordance with the provisions of article thirty-one.