2006 New York Code - In What Cases Letters May Be Suspended, Modified Or Revoked, Or A Lifetime Trustee Removed Or His Powers Suspended Or Modified, Without Process

 
  § 719. In what cases letters may be suspended, modified or revoked, or a
           lifetime  trustee  removed or his powers suspended or modified,
           without process
    In any of the following cases, the court may make a decree suspending,
  modifying or revoking letters issued to a fiduciary from  the  court  or
  removing  a  lifetime trustee or modifying or suspending the powers of a
  lifetime trustee without a petition or the issuance of process:
    1. Where the fiduciary being duly cited to account neglects to  appear
  upon  the  return  of  process  without  showing  a  satisfactory excuse
  therefor and the court has sufficient reason to believe  that  no  valid
  excuse  can be made, or having been ordered to account, fails to file an
  account within such time and in such manner as directed by the court.
    2. Where process issued to a fiduciary in a  case  prescribed  by  law
  cannot  be  personally served upon him by reason of his having absconded
  or concealed himself.
    3. Where he has defaulted in supplying information  concerning  assets
  or  affairs  of the estate as ordered by the court, pursuant to 2102, or
  has neglected or refused to obey the order.
    4. Where by the judgment of another court  of  competent  jurisdiction
  the  will  or  lifetime  trust  instrument under which letters have been
  issued  or  the  fiduciary  appointed  is  declared  to  be  invalid  or
  ineffective.
    5. Where an administrator has failed to give the bond required to sell
  or  to  receive the proceeds of a sale of real property or to give a new
  bond or a new surety when required to do so by an order or decree of the
  court.
    6. Where he has been convicted of a  felony  or  has  been  judicially
  committed or has been declared an incompetent.
    7.  Where  he mingles the funds of the estate with his own or deposits
  them with any  person,  association  or  corporation  authorized  to  do
  business under the banking law in an account other than as fiduciary.
    8.  In  any case in which ancillary letters have been issued where the
  original letters in the domiciliary jurisdiction have been revoked.
    9. Where a temporary administrator has been appointed of the estate of
  an absentee, and it is shown that the absentee has returned or  that  he
  is  living and capable of resuming the management of his affairs or that
  an executor or administrator has been appointed of his estate or that  a
  committee of his property has been duly appointed in this state.
    10.  Where  any  of  the  facts  provided  in  711  are brought to the
  attention of the court.