Section 7-2.6. Resignation, suspension or removal of trustee  


Latest version.
  • (a)  Subject  to the relevant provisions of the civil practice law and
      rules, the supreme court has power:
        (1) On the application of a trustee, to accept his resignation and  to
      discharge him on such terms as it deems proper.
        (2)  On  the application of any person interested in the trust estate,
      to suspend or remove a trustee who has violated or threatens to  violate
      his  trust,  who  is  insolvent  or  whose  insolvency  is  imminent  or
      apprehended or who for any reason is a person unsuitable to execute  the
      trust.
        (3)  In  case of the resignation or removal of a trustee, to appoint a
      successor trustee and, if there is no acting trustee, to cause the trust
      to be executed by a receiver or other officer under its direction.  This
      section does not apply to a trust arising or resulting by implication of
      law, nor where other provision is  made  by  law  for  the  resignation,
      suspension  or  removal  of  a trustee or the appointment of a successor
      trustee.