§ 45-9. Clerk appoints successor to incompetent trustee. - North Carolina Statutes

§45‑9.  Clerk appoints successor to incompetent trustee.

When the sole or lastsurviving trustee named in a will or deed of trust dies, removes from thecounty where the will was probated or deed executed and/or recorded and fromthe State, or in any way becomes incompetent to execute the said trust, or is anonresident of this State, or has disappeared from the community of hisresidence and his whereabouts remains unknown in such community for a period ofthree months and cannot, after diligent inquiry be ascertained, the clerk ofthe superior court of the county wherein the will was probated or deed of trustwas executed and/or recorded is authorized and empowered, in proceedings towhich all persons interested shall be made parties, to appoint some discreetand competent person to act as trustee and execute the trust according to itstrue intent and meaning, and as fully as if originally appointed: Provided,that in all actions or proceedings had under this section prior to January 1,1900, before the clerks of the superior court in which any trustee wasappointed to execute a deed of trust where any trustee of a deed of trust hasdied, removed from the county where the deed was executed and from the State,or in any way become incompetent to execute the said trust, whether suchappointment of such trustee by order or decree, or otherwise, was made upon theapplication or petition of any person or persons ex parte, or whether made inproceedings where all the proper parties were made, are in all things  confirmedand made valid so far as regards the parties to said actions and proceedings tothe same extent as if all proper parties had originally been made in suchactions or proceedings. (1869‑70, c. 188; 1873‑4, c. 126; Code, s.1276; 1901, c. 576; Rev., s. 1037; C.S., s. 2583; 1933, c. 493.)