2011 Connecticut Code
Title 45a Probate Courts and Procedure
Chapter 802c Trusts
Sec. 45a-479. (Formerly Sec. 45-92). Suspension of fiduciary powers during armed forces service.

      Sec. 45a-479. (Formerly Sec. 45-92). Suspension of fiduciary powers during armed forces service. (a) When any fiduciary of any trust other than a testamentary trust is engaged in service in the armed forces, as defined in section 27-103, which prevents his giving the necessary attention to his duties as the fiduciary, the Superior Court, upon petition of the fiduciary or any person interested in such estate, may, upon such notice as said court deems suitable and after hearing, order the suspension of the powers and duties of the fiduciary for the period of such service and until the further order of said court.

      (b) The Superior Court may appoint a substitute fiduciary to serve for the period of suspension whether or not there remains any fiduciary to exercise the powers and duties of the fiduciary who is in such service. Said court may decree that the ownership and title to the trust res shall vest in the substitute fiduciary or cofiduciary or both and that the duties and such of the powers and discretions as are not personal to the fiduciary may be exercised by the cofiduciary or substitute fiduciary and may make such further orders as said court deems advisable for the proper protection of such fund or estate.

      (c) The rules of court with respect to judgments under the Selective Service Act shall not apply to actions under this section.

      (d) Upon a petition therefor, the court may order the reinstatement of the fiduciary when his service in the armed forces has terminated.

      (1949 Rev., S. 6897; 1957, P.A. 163, S. 40; P.A. 80-476, S. 219.)

      History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-92 transferred to Sec. 45a-479 in 1991.