72-33-621. Appointment of trustee to fill vacancy. (1) If the trust has no trustee or if the trust instrument requires a vacancy in the office of a cotrustee to be filled, the vacancy shall be filled as provided in this section.
     (2) If the trust instrument provides a practical method of appointing a trustee or names the person to fill the vacancy, the vacancy shall be filled as provided in the trust instrument.
     (3) If the vacancy in the office of trustee is not filled as provided in subsection (2), on petition of a cotrustee or beneficiary the court may, in its discretion, appoint a trustee to fill the vacancy. If the trust provides for more than one trustee, the court may, in its discretion, appoint the original number or any lesser number of trustees. In selecting a trustee, the court shall give consideration to the wishes of the beneficiaries who are 14 years of age or older.

     History: En. Sec. 59, Ch. 685, L. 1989.