1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 15: Trusts and Trustees


Section 1506 Nonliability for acts of predecessor executor A trustee who was not an executor of the estate of the same decedent shall not be liable fo...

Surrogate's Court Procedure Act (SCP)

Nonliability for acts of predecessor executor

  A trustee who was not an executor of the estate of the same decedent shall not be liable for breach of trust committed by the executor in any of the following cases:

  1. He received the assets of the trust pursuant to a final decree of the court.

  2. He did not know of a situation constituting a breach of trust committed by the executor, and does not improperly permit it to continue.

  3. He does not neglect to take proper steps to compel the executor to deliver trust property to him.

  4. He does not neglect to take proper steps to redress a breach of trust committed by the executor.