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.