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This entry was published on 2014-09-22
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In what cases letters may be suspended, modified or revoked, or a lifetime trustee removed or his powers suspended or modified, without p...
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 7
§ 719. In what cases letters may be suspended, modified or revoked, or a

lifetime trustee removed or his powers suspended or modified,

without process

In any of the following cases, the court may make a decree suspending,
modifying or revoking letters issued to a fiduciary from the court or
removing a lifetime trustee or modifying or suspending the powers of a
lifetime trustee without a petition or the issuance of process:

1. Where the fiduciary being duly cited to account neglects to appear
upon the return of process without showing a satisfactory excuse
therefor and the court has sufficient reason to believe that no valid
excuse can be made, or having been ordered to account, fails to file an
account within such time and in such manner as directed by the court.

2. Where process issued to a fiduciary in a case prescribed by law
cannot be personally served upon him by reason of his having absconded
or concealed himself.

3. Where he has defaulted in supplying information concerning assets
or affairs of the estate as ordered by the court, pursuant to 2102, or
has neglected or refused to obey the order.

4. Where by the judgment of another court of competent jurisdiction
the will or lifetime trust instrument under which letters have been
issued or the fiduciary appointed is declared to be invalid or

5. Where an administrator has failed to give the bond required to sell
or to receive the proceeds of a sale of real property or to give a new
bond or a new surety when required to do so by an order or decree of the

6. Where he has been convicted of a felony or has been judicially
committed or has been declared an incompetent.

7. Where he mingles the funds of the estate with his own or deposits
them with any person, association or corporation authorized to do
business under the banking law in an account other than as fiduciary.

8. In any case in which ancillary letters have been issued where the
original letters in the domiciliary jurisdiction have been revoked.

9. Where a temporary administrator has been appointed of the estate of
an absentee, and it is shown that the absentee has returned or that he
is living and capable of resuming the management of his affairs or that
an executor or administrator has been appointed of his estate or that a
committee of his property has been duly appointed in this state.

10. Where any of the facts provided in 711 are brought to the
attention of the court.