| | 3.__Order of priority; noncharitable trust.__A vacancy in a | trusteeship of a noncharitable trust that is required to be | filled must be filled in the following order of priority: |
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| A.__By a person designated in the terms of the trust to act | as successor trustee; |
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| B.__By a person appointed by unanimous agreement of the | qualified beneficiaries; or |
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| C.__By a person appointed by the court. |
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| | 4.__Order of priority; charitable trust.__A vacancy in a | trusteeship of a charitable trust that is required to be filled | must be filled in the following order of priority: |
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| A.__By a person designated in the terms of the trust to act | as successor trustee; |
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| B.__By a person appointed by unanimous agreement of the | charitable organizations expressly designated to receive | distributions under the terms of the trust if the Attorney | General concurs in the appointment; or |
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| C.__By a person appointed by the court. |
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| | 5.__Appointment by court.__Whether or not a vacancy in a | trusteeship exists or is required to be filled, the court may | appoint an additional trustee or special fiduciary whenever the | court considers the appointment necessary for the administration | of the trust. |
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| §705.__Resignation of trustee |
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| | 1.__Resignation.__A trustee may resign: |
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| A.__Upon at least 30 days' notice to the qualified | beneficiaries, the settlor, if living, and all cotrustees; | or |
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| B.__With the approval of the court. |
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| | 2.__Approval by court.__In approving a resignation, the court | may issue orders and impose conditions reasonably necessary for | the protection of the trust property. |
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| | 3.__Liability.__Any liability of a resigning trustee or of any | sureties on the trustee's bond for acts or omissions of the | trustee is not discharged or affected by the trustee's | resignation. |
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