Section 7-2.3. Trust estate not to descend on death of trustee; appointment,  


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  • duties and rights of successor trustee
        (a) On the death of the sole surviving trustee of  an  express  trust,
      the trust estate does not vest in his personal representative or pass to
      his  distributees  or  devisees,  but,  in  the  absence  of  a contrary
      direction by the creator, if the trust has not been executed, the  trust
      estate  vests in the supreme court or the surrogate's court, as the case
      may be, and the trust shall be executed by a  person  appointed  by  the
      court.
        (b)  Upon  such  notice to the beneficiaries of the trust as the court
      may direct of an application for the appointment of a successor trustee,
      unless the creator has directed  otherwise,  the  court  may  appoint  a
      successor trustee, even though the trust has terminated, whenever in the
      opinion  of  the  court  such appointment is necessary for the effective
      administration and distribution of the  trust  estate,  subject  to  the
      following:
        (1)  A  successor  trustee  shall  give security in such amount as the
      court may direct.
        (2) 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 such commissions as may be
      fixed by any court having jurisdiction to pass upon such trustee's final
      account, which shall in no case exceed the commissions allowable by  law
      to trustees.