2023 Illinois Compiled Statutes › Chapter 760 - TRUSTS AND FIDUCIARIES › 760 ILCS 10/ - Trustees' Emergency Act.

(760 ILCS 10/1) (from Ch. 17, par. 1751)
Sec. 1. 
		When used in this Act unless the context otherwise requires:
(a) "War Service" means the following:
(1) Membership in any of the military, naval or air     forces of the United States or any of its allies;
(2) Internment in any country outside of the United     States;
(3) Absence from the United States with inability to     return due to war conditions;
(4) Any service arising out of or in connection with     war, which prevents the trustee from giving the proper attention to his duties;
		while the United States is engaged in war with any foreign nation.
(b) "Trustee" means any person who is a trustee or a co-trustee of any
express trust and any person whose consent or direction on any matter is
required by the terms of the trust.
(c) As used herein words importing the masculine gender include the
feminine, words importing the singular number include the plural, and the
word "person" includes "association" and "corporation".
(Source: Laws 1943, vol. 1, p. 1367.)
(760 ILCS 10/2) (from Ch. 17, par. 1752)
Sec. 2. 
		
		Whenever any trustee is in war service, that trustee or any
co-trustee or any person interested in the trust estate may file in the circuit
court to appoint a successor trustee a complaint for
the suspension of the exercise of the powers and duties of the trustee
during the period of his war service and until the further order of the
court.
(Source: P.A. 79-1359.)
(760 ILCS 10/3) (from Ch. 17, par. 1753)
Sec. 3. 
		
		The provisions of the Civil Practice Law and all existing and
future amendments of that Law and modifications thereof, and the Supreme
Court Rules now or hereafter adopted in relation to that Law, shall apply
to all proceedings hereunder.
(Source: P.A. 83-1539.)
(760 ILCS 10/4) (from Ch. 17, par. 1754)
Sec. 4. 
		Upon a hearing on the complaint the court may:
(a) Enter an order suspending the exercise by the trustee of his powers
and duties while he is in war service and until the further order of the
court.
(b) Appoint a temporary trustee to act in the place of the trustee in
war service.  Where the trust instrument designates a successor trustee or a
method for selecting a successor trustee, the court shall appoint as the
temporary trustee the person so designated or selected.  Where there is a
co-trustee, then the court shall authorize the co-trustee to act without
appointing a temporary trustee, unless the trust instrument expressly
requires that a vacancy in the trusteeship be filled.
(c) Order that the co-trustee or temporary trustee may exercise any or
all of the powers, duties and discretions of the trustee in war service.
The court may include a provision for the reasonable compensation of the
co-trustee or temporary trustee.
(Source: P.A. 79-1359.)
(760 ILCS 10/5) (from Ch. 17, par. 1755)
Sec. 5. 
		
		When his war service is terminated, the court shall upon a petition
therefor order the reinstatement of the trustee and remove the temporary
trustee.
(Source: Laws 1943, vol. 1, p. 1367.)
(760 ILCS 10/6) (from Ch. 17, par. 1756)
Sec. 6. 
		
		The trustee in war service has no responsibility for the acts and
omissions of the co-trustee or temporary trustee. The co-trustee or
temporary trustee appointed hereunder or any other successor trustee has no
responsibility for the acts and omissions of the trustee in war service.
(Source: Laws 1943, vol. 1, p. 1367.)
(760 ILCS 10/7) (from Ch. 17, par. 1757)
Sec. 7. 
		This Act may be cited as the Trustees' Emergency Act.
(Source: Laws 1943, vol. 1, p. 1367.)