Alabama § 19-3-41 When Settlements Compelled; Removal of Trustee and Appointment of Successor

Alabama Statutes

§ 19-3-41 — When Settlements Compelled; Removal of Trustee and Appointment of Successor

Alabama § 19-3-41

Title 19Fiduciaries and Trusts

Ch. 3Trusts

Art. 2Express Trusts for Payment or Security of Debts

This text of Alabama § 19-3-41 (When Settlements Compelled; Removal of Trustee and Appointment of Successor) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 19-3-41 (2026).

Text

If the trustee shall fail to make settlement, partial or final, as required in this article he may be compelled to do so, by citation to be issued by the register or clerk on order of the court, at the instance of any creditor or party interested in the trust, in all respects as executors and administrators may be compelled to make settlements in the court of probate; or, upon motion of a majority in value of the creditors, the court must remove such defaulting trustee and appoint another in his stead, who may be nominated by the creditors, as provided by this Code, for the nomination of an administrator of an insolvent estate by the creditors thereof.

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If the trustee shall fail to make settlement, partial or final, as required in this article he may be compelled to do so, by citation to be issued by the register or clerk on order of the court, at the instance of any creditor or party interested in the trust, in all respects as executors and administrators may be compelled to make settlements in the court of probate; or, upon motion of a majority in value of the creditors, the court must remove such defaulting trustee and appoint another in his stead, who may be nominated by the creditors, as provided by this Code, for the nomination of an administrator of an insolvent estate by the creditors thereof.