N.Y. EPT Law § 7-2.5 — New York Code / Act EPT / Article 7 / Part 2 / Section 7-2.5
Suspension of powers of trustee in war service
Status: in_force

§ 7-2.5 Suspension of powers of trustee in war service\n  (a) Whenever a trustee of an express trust is engaged in war service,\nas defined in this section, such trustee or any other person interested\nin the trust estate may present a petition to the supreme court or the\nsurrogate's court, as the case may be, to suspend the powers of such\ntrustee while he is so engaged and until the further order of the court,\nand if the suspension of such trustee will leave no person acting as\ntrustee or leave a beneficiary of such trust as the only acting trustee\nthereof, the petition must pray for the appointment of a successor\ntrustee, unless a successor has been named in the trust instrument and\nis not engaged in war service or is not for any other reason unable or\nunwilling to act as such trustee.\n  (b) For the purposes of this section, a trustee is engaged in war\nservice in any of the following cases:\n  (1) If he is a member of the armed forces of the United States or of\nany of its allies, or if he has been accepted for such service and is\nawaiting induction.\n  (2) If he is engaged in any work abroad in connection with a\ngovernmental agency of the United States or with the American Red Cross\nSociety or any other body with similar objectives.\n  (3) If he is interned in any enemy country or is in a foreign country\nor a possession or dependency of the United States and is unable to\nreturn to this state.\n  (4) If he is a member of the Merchant Marine or similar service.\n  (c) Where the application is made by a trustee engaged in war service,\nnotice shall be given to such persons and in such manner as the court\nmay direct. Where the application is made by any other person interested\nin the trust estate and the trustee is in the armed forces of the United\nStates, notice shall be given to such trustee in such manner as the\ncourt may direct. In every other case, where the application is made by\na person other than the trustee, notice thereof shall be given to such\npersons and in such manner as the court may direct.\n  (d) Upon the filing of the petition and proof of service of notice\nprescribed in paragraph (c), the court may, notwithstanding any other\nprovision of law, suspend the trustee engaged in war service from the\nexercise of all of his powers and duties while engaged in such service\nand until the further order of the court. The order may further provide\nthat the remaining trustee or, if there is none, the successor named in\nthe trust instrument or appointed by the court may exercise all of the\npowers and be subject to all of the duties of the original trustee.\n  (e) The successor trustee shall be limited to commissions as computed\nunder SCPA 2308 or 2309, whichever is applicable, upon income received\nand disbursed and upon principal disbursed.  Commissions may also be\nallowed under 2308 or 2309 upon rents if he is authorized or required to\ncollect the rents of and manage real property. In case of the\nresignation or removal of the suspended trustee, or in the event of such\ntrustee's death, the foregoing basis for computing the commissions shall\nnot apply and his commissions shall be computed in the same manner as\nthose of any other trustee.\n  (f) When the suspended trustee ceases to be engaged in war service he\nmay, upon application to the court and upon such notice as the court may\ndirect, be reinstated as trustee if any of the duties of such office\nremain unexecuted. If the suspended trustee is reinstated the court\nshall thereupon remove his successor and make such other order as\njustice requires, but such removal shall not bar the successor from\nsubsequently qualifying as a trustee if for any reason it thereafter\nbecomes necessary to appoint a trustee.\n