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This entry was published on 2014-09-22
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Resignation, suspension or removal of trustee
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 7, PART 2
§ 7-2.6 Resignation, suspension or removal of trustee

(a) Subject to the relevant provisions of the civil practice law and
rules, the supreme court has power:

(1) On the application of a trustee, to accept his resignation and to
discharge him on such terms as it deems proper.

(2) On the application of any person interested in the trust estate,
to suspend or remove a trustee who has violated or threatens to violate
his trust, who is insolvent or whose insolvency is imminent or
apprehended or who for any reason is a person unsuitable to execute the

(3) In case of the resignation or removal of a trustee, to appoint a
successor trustee and, if there is no acting trustee, to cause the trust
to be executed by a receiver or other officer under its direction. This
section does not apply to a trust arising or resulting by implication of
law, nor where other provision is made by law for the resignation,
suspension or removal of a trustee or the appointment of a successor