If no trustee is named in any instrument creating a trust, or the trustee named in
the instrument renounces or declines to accept the trust, or whenever a trustee, either
original or substituted, and whether appointed by a court or otherwise, is dead, or
desires to be discharged from the trust or powers reposed in or conferred on the trustee,
or refuses to act or is incapable of acting as trustee, then any person interested
under the trust, or the surviving or continuing trustees or trustee for the time being,
or the personal representatives of the last surviving or continuing trustee, may apply
to the superior court and the court may at that time, after due notice to the parties
in interest, or to any of them that the court shall adjudge to be necessary parties,
appoint some suitable person or persons to be trustee or trustees, or new trustee
or trustees, as the case may be, under the trust.
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