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This entry was published on 2014-09-22
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Appointment of trustee 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 15
§ 1502. Appointment of trustee

1. The court may appoint a trustee or successor or successors or
co-trustee or co-trustees whenever there is no trustee able to act or
all or one of the trustees is unable to act and a successor or
co-trustee in his or their place is necessary in order to execute the
trust or execute any power created by a will or lifetime trust
instrument creating a trust, the execution of which has devolved upon
the court or upon the supreme court.

2. The court shall not appoint a trustee, successor or co-trustee if
the appointment would contravene the express terms of the will or
lifetime trust instrument or if a trustee may be or has been named in
the will or lifetime trust instrument as successor, substitute or
co-trustee and is not disqualified to act.

3. Until a successor or co-trustee is appointed the remaining trustee
or trustees may execute the trust.

4. A trustee, successor or co-trustee may be appointed upon the
application of any person interested and upon notice to such persons as
the court may designate.

5. The court may appoint a successor trustee for any purposes deemed
necessary to complete administration or distribution of a trust which
has terminated by the occurrence of the event measuring its duration
when there is no person in office able to execute it.

6. A successor trustee shall be subject to the same duties, as to
accounting and trust administration, as are imposed by law on trustees
and, in addition to the reasonable expenses incurred in the course of
trust administration, shall be entitled to commissions as may be fixed
by any court having jurisdiction to pass upon the trustee's final
account, which shall in no case exceed the commissions allowable by law
to trustees.