Page:United States Statutes at Large Volume 47 Part 1.djvu/1097

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 1073 legal representatives, shall, for that purpose, present to the court his verified petition, setting forth his accounts in detail, with a report showing conditio n of tru st estat e, toget her with a verif ied statement of said trustee, giving the names and post-office addresses, if known, of the cestuis que trust, and upon the filing thereof the clerk shall fi x a day for the hearing, and giv e notice the_ eo f o? not Nottee and hearing. less than ten days, by causing notices to be posted in at least three public places in the Canal Zone, setting forth the name of the trust estate, the trustee, and the day appointed for the settlement of the accou nt. The court or judge may order such further notice to be given as may be proper. Such trustee may, in the discretion of the court, upon application of any beneficiary of the trust, or the guard- ian of such beneficiary, be ordered to appear and render his account, after being cited by service of citation, as provided for the service of summons in civil cases, and such application shall not be denied where no account has been rendered to the court within six months prior to such application. Upon the filing of the account so ordered, the same proceedings for the hearing and settlement thereof shall be had as here'inabove provided. SEC. 920. 'COMrENSATION OF TRUSTEES.-On all such accountings the Compensation. court shall allo w the trustee or trustees the pr oper expenses and such compensation for services as the court may adjudge to be just and reasonable, and shall apportion such compensation am ong the trustees according to the services rendered by them respectively, and may in its discretion fix a yearly compensation for the trustee or trustees to continue as long as the court may judge proper. Refusaltoactastna. SEC. 921 . TRUSTEE MAY DECLINE TO ACT.--Any person na med or tee. designated as a trustee in any will which has been or shall hereafter be admi tted to probate in the Canal Zone may, at any time before final distribution, decline to act as such trustee, and an order of court shall thereupon be made accepting such resignation ; but the declination of any such person who has qualified as trustee shall not be accepted by the court, unless the same shall be in writing and filed in the matter of the estate in the court in which the administration is pending, and such notice shall be given thereof as is required upon a petition praying for letters of administration. APPOINTMENT TO VACANCY .-The court in which the administration Filling v acancy. is pen di ng sha ll ha ve power at any t ime before fina l distribution to appoint some fit and proper p erson to fill an y vacancy in the offi ce of trustee under the will, whether resulting from such declination, removal, or otherwise ; provided, it shall be required by law or neces- sary to carry ou t the tr ust crea ted by t he will, that suc h vacanc y Bona . shall be filled ; and every person so appointed shall, before acting Ante, p. 1034. as trustee, give a bond such as is required by section 731, of a person to wh om letters of administ ration a re direct ed to is sue. Such appoin tment may be made by the judge upon the written appli ca- tion of any pers on' interested i n the trust file d in the probate pro- ceedings, and shall only be made after notice to all parties interested in the trust, given in the same manner as notice is required to be given of the hearing upon the petition for the probate of a will. In each of the preceding cases the court may order such further not ice as shall see m necessary. In accepting a declination under the provisions of this section, the by =-, a court may make and enforce any order which may be necessary for the preservation of the estate. SEC. 922. JURISDICTION .-The provisions of section 921 shall apply i"~sdtett•n . in all cases where a final decrca of distribution has not been made but the jurisdietioim given by, said section shall not exclude, in cases 3051 1--33 ---as