26-1.1 - Qualification of trustees.

§ 26-1.1. Qualification of trustees.

(a) No trustee appointed by deed or other writing in which a qualification isrequired by such deed or other writing, shall act thereunder until he shallhave qualified as such before the court or clerk thereof having jurisdictionby giving bond and taking oath that he will perform the duties of his office.Such oath may be taken on behalf of a bank or trust company by its presidentor other officer.

(b) Any trustee appointed by deed or other writing in which qualification isnot required by the terms thereof, may voluntarily so qualify; and, in everycase where requested by any party in interest, the administration of thetrust shall be in the same manner as if qualification had been required bythe terms of the instrument creating it.

(c) For the purposes of this section, the phrase "deed or other writing"shall be construed as excluding a trustee appointed by a will.

(1968, c. 382.)