Section 2.27 Appointment by Courts

• Library: Trusts and Powers 2013 Supp

3. (§2.27) Appointment by Courts

Generally speaking, there seem to be no decisions or principles of law or jurisdictional problems peculiar to the initial appointment of an original trustee by courts as compared to judicial appointments of substitute or successor trustees after a trust has been created and accepted by the initial trustee. The same general rule applies in both cases—the courts will not allow a trust to fail for lack of a trustee.

But particular problems can arise in charitable trusts when a settlor or testator conveys or devises property in trust for those charitable purposes the trustee selects. The first problem is the difficulty in determining whether the trust fails because it is or was personal to the trustee. Usually, and...