Section 2.61 Succession by Court Order

• Library: Trusts and Powers 2013 Supp

e. (§2.61) Succession by Court Order

At common law, an equity court had no power to vest legal title in a substitute, successor, or additional new trustee appointed by it unless it was provided by the terms of a trust or the court was empowered by statute or otherwise. Restatement (Second) of Trusts §§ 109 cmt. a and 110 (1959). From 1983 to 2004, § 456.200, RSMo (repealed in 2004), provided that a court-appointed successor trustee of any type of trust holds title under the same trust and is subject to the...