N.Y. Surrogate's Court Procedure Act § 1505: Proceeding when testamentary trustee is also executor or administrator 1

§ 1505. Proceeding when testamentary trustee is also executor or

administrator

1. Where the same person is a testamentary trustee and also the

executor of the will or the administrator upon the same estate,

proceedings taken by or against him as trustee, as prescribed in this

act, do not affect him as executor or administrator or persons

interested in the general estate, except in one of the following cases:

(a) Where he presents a petition praying for the revocation of his

letters, he may in the same petition show that he is entitled to resign

as testamentary trustee and may thereupon pray for a decree allowing him

to resign and for process accordingly.

(b) Where a person presents a petition praying for the revocation of

letters issued to an executor or administrator and any of the facts in

the petition are made, by the provisions of this act, sufficient to

entitle the same person to present a petition praying for the removal of

a testamentary trustee, the petitioner may pray for a decree removing

the person complained of in both capacities, and for process

accordingly.

2. In either case proceedings upon the petition for resignation or

removal, as the case requires, of the testamentary trustee, and for the

judicial settlement of his account, may be taken as prescribed in this

act, in connection with or separately from the like proceedings upon the

petition for the revocation of the letters, as directed by the court.