113:1 Definitions. – When used in this chapter the following terms shall be construed as follows: I. The term "fiduciary" shall include an executor, administrator, trustee under a will, trustee, conservator or guardian appointed by any court. II. The term "fiduciary in military service" shall include fiduciaries who are members of the military forces […]
113:2 Power of Courts. – During the period when any fiduciary is or shall be in military service the court having jurisdiction of the accounts of such fiduciary shall have the power to authorize the co-fiduciary or co-fiduciaries, if any, to exercise all of the powers of such fiduciary that can be transferred to […]
113:3 Extent. – Any decree entered pursuant to the provisions of RSA 113:2 shall remain in force until revoked by the court upon cause shown and no act done by any substituted fiduciary pro tem or co-fiduciary or co-fiduciaries while such decree is in force shall be impeached on the ground that a fiduciary […]
113:4 Procedure. – The relief authorized by RSA 113:2 hereof may be granted upon petition of any party in interest, the fiduciary in military service or any co-fiduciary or surety. It shall not be necessary to secure the joinder of any other party in interest in such petition, but notice of the presentation of […]
113:5 Security for Substituted Fiduciaries. – Any substituted fiduciary pro tem appointed under the provisions of RSA 113:2 shall furnish such security, if any, as the court may direct and shall receive such compensation as the court may allow. Such substituted fiduciary pro tem shall have the same duties and responsibilities with respect to […]
113:6 Fiduciary in Service Relieved From Duties. – So long as any decree entered pursuant to the provisions of RSA 113:2 remains in force the fiduciary named therein as being in military service shall exercise none of his fiduciary powers or discretion and shall be under no liability for any acts or omissions of […]
113:7 Power of Removal. – The court appointing a substituted fiduciary pro tem under the provisions of RSA 113:2 shall have the same powers of control, removal, discharge and settlement of the accounts of such substituted fiduciary as are conferred upon it by existing law with respect to other fiduciaries. Source. 1943, 196:7, eff. […]
113:8 Trustees Under Deeds, Agreements and Declarations of Trust. – In the case of any trustee in military service who is trustee under a deed, agreement or declaration of trust, and not under the jurisdiction of the probate court, the superior court, upon petition by any party in interest, may proceed as provided in […]
