Testamentary trustee

A trustee appointed by or acting under a will; one appointed to carry out a trust created by a will. The term does not ordinarily include an executor or an administrator with the will annexed, or a guardian, though nil of these are in a sense trustees, except when they act in the execution of a trust created by the will and which is separable from their functions as executors, etc.

See In re Hazard, 51 Hun. 201, 4 N. Y. Supp. 701; In re Valentine's Estate, 1 Misc. Rep. 491, 23 N. Y. Supp. 289; In re Hawley, 104 N. Y. 250, 10 N. E. 352. —'Trustee acts. The stafutes 13 & 14 Vict c. 60, passed in 1850, and 15 & 16 Vict. c.

55, passed in 1852, enabling the court of chancery, without bill filed, to appoint new trustees in lieu of any who, on account of death, lunacy, absence, or otherwise, are unable or unwilling to act as such; and also to make vesting orders by which legal estates and rights may be transferred from the old trustee or trustees to the new trustee or trustees so appointed. Mozley & Whitley