Massachusetts General Laws ch. 215 sec. 25 – Removal of fiduciary; effect of appeal
Section 25. A decree of a probate court removing an executor, administrator, guardian, conservator, trustee or receiver shall have effect, notwithstanding an appeal therefrom, until otherwise ordered by a justice of the supreme judicial court. The probate court may in such case appoint a successor to the person removed, and the latter shall forthwith deliver all the property of the estate held by him to his successor, who shall proceed in the performance of his duties in like manner as if no appeal had been taken; but if the decree of removal is reversed by a final decree of the supreme judicial court, the powers of such successor shall thereupon cease and he shall forthwith deliver to his predecessor in the trust, or to such person as the court may order, all property of the estate in his hands.
Terms Used In Massachusetts General Laws ch. 215 sec. 25
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Probate: Proving a will
- Trustee: A person or institution holding and administering property in trust.