Colorado Statutes
§ 38-34-104 — Death of trustee
Upon the death of a sole trustee or the
surviving trustee of an express trust created by any written instrument affecting
title to real property, the trust shall not descend to the heirs of such trustee nor
pass to his personal representative, but the trust if then unexecuted shall vest in
the then public trustee and his successors in office of the county wherein the real
estate is situate, with all powers of the original trustee. The district court may, upon
application of any party in interest, appoint a new trustee except in such cases
where by law or by the instrument a successor in trust is provided, and in such
cases the trust shall vest in such successor.
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Legislative History
Source: L. 27: p. 606, � 48. CSA: C. 40, � 155. CRS 53: � 118-8-5. C.R.S. 1963: � 118-8-5.
Nearby Sections
15
§ 38-1-101.5
Necessity of taking land for pipelines§ 38-1-101.7
Limitations on the use of right-of-way§ 38-1-102
Petition - contents - parties§ 38-1-103
Summons - return - publication§ 38-1-104
Trial - amendments - rules§ 38-1-106
Jury§ 38-1-108
Order of possession§ 38-1-109
Intervention - cross petition§ 38-1-110
Appellate review§ 38-1-111
Possession pending appeal§ 38-1-112
Payment to clerk or owner§ 38-1-113
Verdict recorded§ 38-1-115
Contents of report or verdict