2006 New York Code - Proceeding When Testamentary Trustee Is Also Executor Or Administrator

 
  § 1505. Proceeding   when  testamentary  trustee  is  also  executor  or
            administrator
    1.   Where the same person is a  testamentary  trustee  and  also  the
  executor  of  the  will  or  the  administrator  upon  the  same estate,
  proceedings taken by or against him as trustee, as  prescribed  in  this
  act,  do  not  affect  him  as  executor  or  administrator  or  persons
  interested in the general estate, except in one of the following cases:
    (a)  Where he presents a petition praying for the  revocation  of  his
  letters,  he may in the same petition show that he is entitled to resign
  as testamentary trustee and may thereupon pray for a decree allowing him
  to resign and for process accordingly.
    (b)  Where a person presents a petition praying for the revocation  of
  letters  issued  to an executor or administrator and any of the facts in
  the petition are made, by the provisions  of  this  act,  sufficient  to
  entitle the same person to present a petition praying for the removal of
  a  testamentary  trustee,  the petitioner may pray for a decree removing
  the  person  complained  of  in  both  capacities,   and   for   process
  accordingly.
    2.    In  either case proceedings upon the petition for resignation or
  removal, as the case requires, of the testamentary trustee, and for  the
  judicial  settlement  of his account, may be taken as prescribed in this
  act, in connection with or separately from the like proceedings upon the
  petition for the revocation of the letters, as directed by the court.