This text of New York § 719 (In what cases letters may be suspended, modified or revoked, or a lifetime trustee removed or his powers suspended or modified, without p...) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 719. In what cases letters may be suspended, modified or revoked, or a\n lifetime trustee removed or his powers suspended or modified,\n without process\n In any of the following cases, the court may make a decree suspending,\nmodifying or revoking letters issued to a fiduciary from the court or\nremoving a lifetime trustee or modifying or suspending the powers of a\nlifetime trustee without a petition or the issuance of process:\n 1. Where the fiduciary being duly cited to account neglects to appear\nupon the return of process without showing a satisfactory excuse\ntherefor and the court has sufficient reason to believe that no valid\nexcuse can be made, or having been ordered to account, fails to file an\naccount within such time and in such manner as directed by the
Free access — add to your briefcase to read the full text and ask questions with AI
§ 719. In what cases letters may be suspended, modified or revoked, or a\n lifetime trustee removed or his powers suspended or modified,\n without process\n In any of the following cases, the court may make a decree suspending,\nmodifying or revoking letters issued to a fiduciary from the court or\nremoving a lifetime trustee or modifying or suspending the powers of a\nlifetime trustee without a petition or the issuance of process:\n 1. Where the fiduciary being duly cited to account neglects to appear\nupon the return of process without showing a satisfactory excuse\ntherefor and the court has sufficient reason to believe that no valid\nexcuse can be made, or having been ordered to account, fails to file an\naccount within such time and in such manner as directed by the court.\n 2. Where process issued to a fiduciary in a case prescribed by law\ncannot be personally served upon him by reason of his having absconded\nor concealed himself.\n 3. Where he has defaulted in supplying information concerning assets\nor affairs of the estate as ordered by the court, pursuant to 2102, or\nhas neglected or refused to obey the order.\n 4. Where by the judgment of another court of competent jurisdiction\nthe will or lifetime trust instrument under which letters have been\nissued or the fiduciary appointed is declared to be invalid or\nineffective.\n 5. Where an administrator has failed to give the bond required to sell\nor to receive the proceeds of a sale of real property or to give a new\nbond or a new surety when required to do so by an order or decree of the\ncourt.\n 6. Where he has been convicted of a felony or has been judicially\ncommitted or has been declared an incompetent.\n 7. Where he mingles the funds of the estate with his own or deposits\nthem with any person, association or corporation authorized to do\nbusiness under the banking law in an account other than as fiduciary.\n 8. In any case in which ancillary letters have been issued where the\noriginal letters in the domiciliary jurisdiction have been revoked.\n 9. Where a temporary administrator has been appointed of the estate of\nan absentee, and it is shown that the absentee has returned or that he\nis living and capable of resuming the management of his affairs or that\nan executor or administrator has been appointed of his estate or that a\ncommittee of his property has been duly appointed in this state.\n 10. Where any of the facts provided in 711 are brought to the\nattention of the court.\n