NY Est Pow & Trusts L § 7-2.5 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 7 - Trusts Part 2 - Rules Governing Trustees 7-2.5 - Suspension of Powers of Trustee in War Service

§ 7-2.5 Suspension of powers of trustee in war service  (a)  Whenever a trustee of an express trust is engaged in war service, as defined in this section, such trustee or any other person  interested in  the  trust estate may present a petition to the supreme court or the surrogate's court, as the case may be, to suspend  the  powers  of  such trustee while he is so engaged and until the further order of the court, and  if  the  suspension  of such trustee will leave no person acting as trustee or leave a beneficiary of such trust as the only acting  trustee thereof,  the  petition  must  pray  for  the appointment of a successor trustee, unless a successor has been named in the trust  instrument  and is  not  engaged in war service or is not for any other reason unable or unwilling to act as such trustee.  (b) For the purposes of this section, a  trustee  is  engaged  in  war service in any of the following cases:  (1)  If  he is a member of the armed forces of the United States or of any of its allies, or if he has been accepted for such  service  and  is awaiting induction.  (2)  If  he  is  engaged  in  any  work  abroad  in  connection with a governmental agency of the United States or with the American Red  Cross Society or any other body with similar objectives.  (3)  If he is interned in any enemy country or is in a foreign country or a possession or dependency of the United  States  and  is  unable  to return to this state.  (4) If he is a member of the Merchant Marine or similar service.  (c) Where the application is made by a trustee engaged in war service, notice  shall  be  given to such persons and in such manner as the court may direct. Where the application is made by any other person interested in the trust estate and the trustee is in the armed forces of the United States, notice shall be given to such trustee  in  such  manner  as  the court  may direct. In every other case, where the application is made by a person other than the trustee, notice thereof shall be given  to  such persons and in such manner as the court may direct.  (d)  Upon  the  filing  of the petition and proof of service of notice prescribed in paragraph (c), the court may,  notwithstanding  any  other provision  of  law,  suspend the trustee engaged in war service from the exercise of all of his powers and duties while engaged in  such  service and  until the further order of the court. The order may further provide that the remaining trustee or, if there is none, the successor named  in the  trust  instrument or appointed by the court may exercise all of the powers and be subject to all of the duties of the original trustee.  (e) The successor trustee shall be limited to commissions as  computed under  SCPA  2308 or 2309, whichever is applicable, upon income received and disbursed and upon principal disbursed.   Commissions  may  also  be allowed under 2308 or 2309 upon rents if he is authorized or required to collect  the  rents  of  and  manage  real  property.  In  case  of  the resignation or removal of the suspended trustee, or in the event of such trustee's death, the foregoing basis for computing the commissions shall not apply and his commissions shall be computed in the  same  manner  as those of any other trustee.  (f)  When the suspended trustee ceases to be engaged in war service he may, upon application to the court and upon such notice as the court may direct, be reinstated as trustee if any of the  duties  of  such  office remain  unexecuted.  If  the  suspended  trustee is reinstated the court shall thereupon remove his  successor  and  make  such  other  order  as justice  requires,  but  such  removal  shall not bar the successor from subsequently qualifying as a trustee if for  any  reason  it  thereafter becomes necessary to appoint a trustee.