US Laws, Codes, Statutes & Cases

§ 1339.14. Substitute fiduciary.
 

Any person who is engaged or is about to engage in military service who is acting as trustee or adviser under any trust instrument and who is not appointed by and accountable to the probate court may, unless otherwise expressly provided by the terms of the trust, appoint a competent person, who may be a cotrustee or coadviser, to exercise all of the powers, duties and privileges of such trustee or adviser. If such trust instrument names some person as successor to such trustee or adviser, then such person shall be appointed by such trustee or adviser, if he is willing and able to act. 
 

No such appointment shall take effect until it is approved by the court of common pleas of the county in which one of the trustees resides. Such approval may be granted upon petition of the trustee or adviser or of the nominated trustee or adviser, upon notice to such interested parties and in such manner as the court directs. Upon a finding by the court that the trustee or adviser is engaged or is about to engage in military service and that the person appointed is a suitable person and is willing and able to act, the court shall approve such appointment. 
 

If any trustee or adviser in military service has not exercised the power to appoint some other person to act in his stead and has not filed a petition with the court for approval of such appointment under this section, any other person interested in the trust estate may file a petition with the court of common pleas of the county in which one of the trustees resides praying for an order suspending the powers of such trustee or adviser in military service and appointing some other person to exercise such powers. Notice of the filing of such petition shall be given to such trustee or adviser in such manner as the court may direct. As to other persons interested in the trust, the court may grant the relief prayed for upon notice to such interested parties and in such manner as the court directs. 
 

Any substitute trustee or adviser appointed under this section is accountable only for such assets of the trust estate as come into his possession, or as by the exercise of reasonable diligence should have been brought into his possession. 
 

If any of the duties of his office remain unexecuted when the original trustee or adviser ceases to be in military service, he shall be reinstated and reappointed upon his petition to the court which approved or made the appointment of the substitute and upon such notice as the court directs, provided he is at the time a suitable and competent person. If such person is reinstated, the court shall remove the substitute trustee or adviser, and make such further order or decree as justice requires. 
 

As used in this section: 

(A) "Military service" means any service, work, or occupation which, in the opinion of the court, is directly or indirectly in furtherance of any military effort of the United States and prevents any trustee or adviser from properly executing the duties of his trust. "Military service" includes internment in an enemy country, residence in any foreign country, or residence in any possession or dependency of the United States, if by reason thereof the trustee or adviser is unable to return to this state. 

(B) "Adviser" means any person who may exercise the power of direction, advice, consent, approval, or veto. 

(C) "Person" includes natural persons and corporations. 
 

HISTORY: GC § 8509-21; 120 v 356; Bureau of Code Revision. Eff 10-1-53.