Section 17A Foreign testamentary trustees; sale of realty - Massachusetts Statutes

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 27. See 2008, 521, Sec. 44.]

Section 17A. A trustee duly qualified and acting in another state or country under the will of a person who was not at the time of his death a resident of this commonwealth and upon whose estate letters testamentary or of administration or of trusteeship have not been granted in this commonwealth, may file an authenticated copy of such will and of the probate thereof, together with an authenticated copy of the record of appointment or qualification of such trustee and of his bond, if any, in the probate court for any county in which there is real estate of his deceased testator, and such trustee, after such notice to the commissioner of revenue, creditors and all other persons interested as the court orders, may be licensed to sell any real estate in the commonwealth, which is subject to such trust, or an undivided interest therein, in such manner and upon such notice as the court orders. But such license shall not be granted unless the court finds that one year has expired since the death of the deceased, that such trustee will be liable to account for the proceeds of the sale in the state or country where he was appointed or where said trust is in course of administration, that no beneficiaries under the trust reside in the commonwealth and that no creditor or other person interested will be prejudiced thereby. The net proceeds of such sale, after deducting the expenses thereof, may be taken by said foreign trustee out of the commonwealth to be accounted for in the court in which he received his appointment or to which he is bound to account. The provisions of section seventeen shall apply in case of proceedings under this section.