§ 717 — Suspension of powers of fiduciaries in war service 1

New York § 717

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 7: General Provisions Relating to Letters

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§ 717. Suspension of powers of fiduciaries in war service\n 1. Whenever a fiduciary is engaged in war service, as defined in this\nsection, such fiduciary or any person interested, may present a petition\nto the court having jurisdiction, praying for a decree suspending the\npowers of such fiduciary while he is engaged in war service and until\nthe further order of the court and if his suspension will leave no\nperson acting as fiduciary or leave the sole beneficiary of a trust as\nthe only acting trustee thereof, the petition must pray for the\nappointment of a successor unless a successor has been named in the will\nor lifetime trust instrument and such successor is not engaged in war\nservice or is not for other reasons unable or unwilling to act as a\nfiduciary.\n 2. For the purposes of this section, a fiduciary is deemed to be\nengaged in war service if he is\n (a) a member of the military or naval forces of the United States or\nany of its allies or if he has been accepted for such service and is\nawaiting induction therein, or\n (b) engaged in any work abroad in connection with a governmental\nagency of the United States or with the American Red Cross Society or\nany other body with similar objects, or\n (c) interned in an enemy country or is in a foreign country or a\npossession, dependency or protectorate of the United States and is\nunable to return to this state, or\n (d) a member of the merchant marine service or other similar service.\n 3. Where the application is made by a fiduciary engaged in war\nservice notice shall be given to the persons and in the manner directed\nby the court. Where the application is made by any other person notice\nshall be given to the fiduciary and such other persons and in the manner\ndirected by the court.\n 4. Upon filing of the petition and proof of service of the notice\nprescribed, the court may, notwithstanding any other provision of law,\nsuspend the fiduciary engaged in war service from the exercise of all\nhis powers and duties while he remains engaged in war service and until\nthe further order of the court. The decree may further provide that the\nremaining fiduciary, or if there be none, the successor named in the\nwill or lifetime trust instrument or appointed by the court, is\npossessed of and may exercise all the powers and be subject to all the\nduties incidental to his office as fiduciary.\n 5. The compensation of the successor shall be limited to commissions\nas computed under 2307, 2308 or 2309, whichever section is applicable to\nthe fiduciary, upon income received and disbursed, and upon principal\ndisbursed. Commissions may be allowed also to his successor under the\nprovisions of those sections, whichever section is applicable to the\nsuccessor, if he is entitled to or required to collect the rents of and\nmanage real property. In the event of the resignation or removal of the\nsuspended fiduciary under any other section of this act or in the event\nof the death of the suspended fiduciary, the foregoing limitations on\nthe computation of the commissions of his successor shall cease to apply\nand the commissions of the successor shall be computed in the same\nmanner as any other fiduciary.\n 6. When the suspended fiduciary ceases to be engaged in war service,\nhe may be reinstated as fiduciary if any of the duties of his office\nremain unexecuted, upon application to the court, and upon such notice\nas it directs. If the suspended fiduciary is reinstated the court shall\nremove his successor and revoke his letters and make such other order or\ndecree as justice requires, but such removal and revocation of letters\nshall not bar the successor from subsequently qualifying as a fiduciary\nin accordance with the provisions of the will or lifetime trust\ninstrument if for any reason thereafter it becomes necessary that a\nfiduciary be appointed.\n