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other temporary incapacity, the remaining cotrustee or a majority | | of the remaining cotrustees may act for the trust. |
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| | | 5.__Delegation.__A trustee may not delegate to a cotrustee the | | performance of a function the settlor reasonably expected the | | trustees to perform jointly.__Unless a delegation was | | irrevocable, a trustee may revoke a delegation previously made. |
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| | | 6.__Liability.__Except as otherwise provided in subsection 7, | | a trustee who does not join in an action of another trustee is | | not liable for the action. |
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| | | 7.__Reasonable care.__Each trustee shall exercise reasonable | | care to: |
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| | | A.__Prevent a cotrustee from committing a serious breach of | | trust; and |
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| | | B.__Compel a cotrustee to redress a serious breach of trust. |
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| | | 8.__Dissenting trustee.__A dissenting trustee who joins in an | | action at the direction of the majority of the trustees and who | | notified in writing any cotrustee of the dissent at or before the | | time of the action is not liable for the action unless the action | | is a serious breach of trust. |
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| | | §704.__Vacancy in trusteeship; appointment of successor |
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| | | 1.__Vacancy.__A vacancy in a trusteeship occurs if: |
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| | | A.__A person designated as trustee rejects the trusteeship; |
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| | | B.__A person designated as trustee can not be identified or | | does not exist; |
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| | | D.__A trustee is disqualified or removed; |
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| | | F.__A guardian or conservator is appointed for an individual | | serving as trustee. |
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| | | 2.__Filling of vacancies.__If one or more cotrustees remain in | | office, a vacancy in a trusteeship need not be filled.__A vacancy | | in a trusteeship must be filled if the trust has no remaining | | trustee. |
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