Sec. 45a-474. (Formerly Sec. 45-84). Vacancies in office of trustee.
Sec. 45a-474. (Formerly Sec. 45-84). Vacancies in office of trustee. When any
person has been appointed trustee of any estate, or holds as trustee the proceeds of any
estate sold, and no provision is made by law or by the instrument under which his
appointment is derived for the contingency of his death or incapacity or for his refusal
to accept such trust or for his resignation of such trust, or when a trust has been created
by will and no trustee has been appointed in the will or when more than one trustee has
been appointed and thereafter a trustee so appointed dies, becomes incapable, refuses
to accept or resigns such trust, the court of probate of the district within which the estate
is situated, or, when the trust has been created by will, in the district having jurisdiction
of such will, may, on the happening of any such contingency, appoint some suitable
person to fill such vacancy, taking from him a probate bond, unless in the case of a will
it is otherwise provided therein, in which case the provisions of section 45a-473 shall
apply.
(1949 Rev., S. 6888; P.A. 80-476, S. 214.)
History: P.A. 80-476 rephrased provisions and substituted "proceeds" for "avails"; Sec. 45-84 transferred to Sec. 45a-474 in 1991.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
Annotations to former section 45-84:
Testator impliedly has power to provide manner of filling vacancies. 54 C. 325; 69 C. 708; 84 C. 499. Power to appoint
trustees concurrent with superior court. 60 C. 325; 92 C. 473. Does not extend to trust involving personal discretion. 82
C. 198; 83 C. 654. Successor cannot exercise purely discretionary powers given to original trustee. 90 C. 461. Legal
incapacity of corporation to accept fund for charitable purposes requires appointment of trustee. Id., 592. Refusal of trustee
to act requires appointment of another. 67 C. 237; 71 C. 122; 74 C. 599. If validity of trust is doubtful, probate court should
appoint. 77 C. 705. Trustee who has been superseded by another is not a proper party to action de fund. 91 C. 446. Trust
will not be allowed to fail for want of a trustee. 106 C. 623. Cited. 132 C. 104; 140 C. 124.