72-33-618. Removal of a trustee. (1) A trustee may be removed in accordance with the trust instrument or by the court on its own motion or on petition of a cotrustee or beneficiary.
     (2) The grounds for removal of a trustee by the court include the following:
     (a) if the trustee has committed a breach of the trust;
     (b) if the trustee is insolvent or otherwise unfit to administer the trust;
     (c) if hostility or lack of cooperation among cotrustees impairs the administration of the trust;
     (d) if the trustee fails or declines to act; or
     (e) for other good cause.
     (3) If it appears to the court that trust property or the interests of a beneficiary may suffer loss or injury pending a decision on a petition for removal of a trustee and any appellate review, the court may, on its own motion or on petition of a cotrustee or beneficiary, compel the trustee whose removal is sought to surrender trust property to a cotrustee or to a receiver or temporary trustee. The court may also suspend the powers of the trustee to the extent the court considers necessary.

     History: En. Sec. 56, Ch. 685, L. 1989.