Page:United States Statutes at Large Volume 76A.djvu/766

–670– -670will was probated, and in the manner provided for the settlement of the accounts of executors and administrators. For that purpose the trustee, or his legal representatives in case of his death, shall present to the court his verified petition, setting forth his accounts in detail, with a report showing the condition of trust estate, together with a verified statement of the trustee, giving the names and post-office addresses, if known, of the beneficiaries. Upon the filing thereof, the clerk shall fix a day for the hearing, and give notice thereof of not less than 10 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 account. The court may order such further notice to be given as may be proper. (c) The trustee may, in the discretion of the court, upon application of a beneficiary of the trust, or the guardian of a 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 actions, and the application may not be denied where an account has not been rendered to the court within six months prior to the application. Upon the filing of the account so ordered, the same proceedings for the hearing and settlement thereof shall be had as provided in subsection (b) of this section. § 3782. Expenses and compensation of trustees On an accounting the court shall allow the trustee or trustees the proper expenses and such compensation for services as it deems just and reasonable. The court shall apportion the compensation among the trustees according to the services rendered by them respectively. The court may fix a yearly compensation for the trustee or trustees to continue as long as the court deems proper. § 3783. Decimation of trustee; filling vacancies; jurisdiction (a) A person designated as a trustee in a will which is admitted to probate in the Canal Zone may, at any time before final distribution, decline to act as trustee, and an order of court shall thereupon be made accepting the resignation. The declination of a person who has qualified as trustee may not be accepted b^ the court, unless it is 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. (b) The court in which the administration is pending may at any time before final distribution appoint a proper person to fill a vacancy in the office of trustee under the will, whether resulting from declination, removal, or otherwise, if it is required by law or necessary to carry out the trust created by the will that the vacancy be filled. A person so appointed shall, before acting as trustee, give a bond as IS required by section 1371 of this title of a person to whom letters of administration are directed to issue. The appointment may be made by the court upon the written application of any person interested in the trust filed in the probate proceedings, 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. (c) I n each case under this section, the court may order such further notice as it deems necessary. (d) I n accepting a declination under the provisions of this section, the court may make and enforce any order which may be necessary for the preservation of the estate. (e) This section applies where a final decree of distribution has not been made.; but the jurisdiction ^iven by this section does not exclude, in cases to which it applies, the jurisdiction now possessed by the district court.

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