N.Y. Surrogate's Court Procedure Act § 1502: Appointment of trustee 1

§ 1502. Appointment of trustee

1. The court may appoint a trustee or successor or successors or

co-trustee or co-trustees whenever there is no trustee able to act or

all or one of the trustees is unable to act and a successor or

co-trustee in his or their place is necessary in order to execute the

trust or execute any power created by a will or lifetime trust

instrument creating a trust, the execution of which has devolved upon

the court or upon the supreme court.

2. The court shall not appoint a trustee, successor or co-trustee if

the appointment would contravene the express terms of the will or

lifetime trust instrument or if a trustee may be or has been named in

the will or lifetime trust instrument as successor, substitute or

co-trustee and is not disqualified to act.

3. Until a successor or co-trustee is appointed the remaining trustee

or trustees may execute the trust.

4. A trustee, successor or co-trustee may be appointed upon the

application of any person interested and upon notice to such persons as

the court may designate.

5. The court may appoint a successor trustee for any purposes deemed

necessary to complete administration or distribution of a trust which

has terminated by the occurrence of the event measuring its duration

when there is no person in office able to execute it.

6. A successor trustee shall be subject to the same duties, as to

accounting and trust administration, as are imposed by law on trustees

and, in addition to the reasonable expenses incurred in the course of

trust administration, shall be entitled to commissions as may be fixed

by any court having jurisdiction to pass upon the trustee's final

account, which shall in no case exceed the commissions allowable by law

to trustees.