| | | 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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