Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 720
Effect and contents of decree suspending, modifying or revoking letters or removing a lifetime trustee or suspending or modifying his pow...
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 7
§ 720. Effect and contents of decree suspending, modifying or revoking

letters or removing a lifetime trustee or suspending or

modifying his powers

Upon the entry of a decree made as prescribed in this act, removing a
fiduciary or suspending, modifying or revoking his letters issued to a
fiduciary, his powers are suspended, modified or cease, as the case may
be. The decree may require him to account for all money and other
property received by him and to pay over and deliver all money and other
property in his hands, to the court or to his successor or to such other
person as is authorized by law to receive it, or it may be made without
prejudice to an action or special proceeding for that purpose then
pending or thereafter to be brought. The removal suspension,
modification or revocation does not affect the validity of any act
within the powers of the fiduciary done by him before his removal or the
suspension, modification or revocation of his letters or the service of
process, where the other party acted in good faith, or done after the
service of process and before entry of the decree where his powers with
respect thereto were not suspended or modified by service of process or
where the court in a case prescribed by law, permitted him to do the
same, notwithstanding the pendency of the special proceeding against him
and he is not liable for such an act done by him in good faith.

Where an executor or administrator is also a testamentary trustee of
the same estate, a decree revoking his letters as executor or
administrator does not affect his power or authority as testamentary
trustee, except in the case specially prescribed for that purpose in
1505.