2006 New York Code - Proceedings Thereupon



 
  § 716. Proceedings thereupon
    If  it  shall  be  determined  that the petition should be granted, an
  intermediate order may be entered forthwith or at any  time  during  the
  pendency  of  the  proceeding,  permitting  the  petitioner  to  resign,
  revoking his letters, or  removing  him,  appointing  a  successor,  and
  directing  the  resigning fiduciary to turn over all assets in his hands
  to his successor and file his account and a petition  for  the  judicial
  settlement  thereof  and  proceed  to  have it judicially settled.   The
  proceedings thereupon, whether or not the letters of the  petitioner  be
  revoked  or  he  be removed, must be the same as upon a petition for the
  judicial  settlement  of  the  petitioner's  account,  except  that  the
  successor  fiduciary,  if  one  shall  have  been  appointed, shall be a
  necessary party to it.  Upon the resigning  fiduciary  fully  accounting
  and  paying  over  all  money  which  is  found  to  be due from him and
  delivering over all books, papers and other property in his hands to his
  successor, or in such manner as the court directs, a decree may be  made
  discharging him accordingly.

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