FIDUCIARIES ENTERING MILITARY SERVICE

RSA tit. VIII, ch. 113

in effect

RSA 113:1 Definitions.

113:1. Definitions. When used in this chapter the following terms shall be construed as follows: I. The term "fiduciary" shall include an executor, administrator, trustee under a will, trustee, conservator or guardian appointed by any court. II. The term "fiduciary in military service" shall include fiduciaries who are members of the military forces of the United States or of any allied or associated power or who are detailed by proper authority for duty with such military forces. III. The term "trustee in military service" shall include trustees under deeds, agreements or declarations of trust who are members of the military forces of the United States or of any allied or associated power or who are detailed by proper authority for duty with such military forces. IV. The term "military" shall include the army, navy, marine corps, coast guard or other branches of the armed forces. Source. 1943, 196:1, eff. May 18, 1943.

RSA 113:2 Power of Courts.

113:2. Power of Courts. During the period when any fiduciary is or shall be in military service the court having jurisdiction of the accounts of such fiduciary shall have the power to authorize the co-fiduciary or co-fiduciaries, if any, to exercise all of the powers of such fiduciary that can be transferred to the co-fiduciary or co-fiduciaries, or to appoint a substituted fiduciarypro tem to act in place of such fiduciary and to authorize such substituted fiduciarypro tem to exercise all of the powers of the fiduciary in military service that can be transferred to the substituted fiduciarypro tem. Source. 1943, 196:2, eff. May 18, 1943.

RSA 113:3 Extent.

113:3. Extent. Any decree entered pursuant to the provisions of RSA 113:2 shall remain in force until revoked by the court upon cause shown and no act done by any substituted fiduciarypro tem or co-fiduciary or co-fiduciaries while such decree is in force shall be impeached on the ground that a fiduciary was not in or had ceased to be in military service. Source. 1943, 196:5, eff. May 18, 1943.

RSA 113:4 Procedure.

113:4. Procedure. The relief authorized by RSA 113:2 hereof may be granted upon petition of any party in interest, the fiduciary in military service or any co-fiduciary or surety. It shall not be necessary to secure the joinder of any other party in interest in such petition, but notice of the presentation of the petition shall be given to all parties in interest who aresui juris at such time and in such manner as the court may direct by general rule or special order. Source. 1943, 196:3, eff. May 18, 1943.

RSA 113:5 Security for Substituted Fiduciaries.

113:5. Security for Substituted Fiduciaries. Any substituted fiduciarypro tem appointed under the provisions of RSA 113:2 shall furnish such security, if any, as the court may direct and shall receive such compensation as the court may allow. Such substituted fiduciarypro tem shall have the same duties and responsibilities with respect to accounting, and otherwise, during the period that he holds office as the fiduciary in military service would have had if not in such service. Source. 1943, 196:4, eff. May 18, 1945.

RSA 113:6 Fiduciary in Service Relieved From Duties.

113:6. Fiduciary in Service Relieved From Duties. So long as any decree entered pursuant to the provisions of RSA 113:2 remains in force the fiduciary named therein as being in military service shall exercise none of his fiduciary powers or discretion and shall be under no liability for any acts or omissions of the substituted fiduciarypro tem or of any cofiduciary or co-fiduciaries during that period, provided, that nothing contained in this act shall relieve a fiduciary who enters military service from liability for the administration of the estate before the entry of a decree under the provisions hereof. If the court shall find that because of the military service of the fiduciary, the stating of an account at that time is not possible, an accounting by such fiduciary in military service shall not be a prerequisite to the appointment of a substituted fiduciarypro tem and upon the reinstatement of such fiduciary or at such time as the said court deems meet such fiduciary may be required by said court to file an accounting of his administration of said estate. Source. 1943, 196:6, eff. May 18, 1943.

RSA 113:7 Power of Removal.

113:7. Power of Removal. The court appointing a substituted fiduciarypro tem under the provisions of RSA 113:2 shall have the same powers of control, removal, discharge and settlement of the accounts of such substituted fiduciary as are conferred upon it by existing law with respect to other fiduciaries. Source. 1943, 196:7, eff. May 18, 1943.

RSA 113:8 Trustees Under Deeds, Agreements and Declarations of Trust.

113:8. Trustees Under Deeds, Agreements and Declarations of Trust. In the case of any trustee in military service who is trustee under a deed, agreement or declaration of trust, and not under the jurisdiction of the probate court, the superior court, upon petition by any party in interest, may proceed as provided in this act as to fiduciaries in military service. Source. 1943, 196:8, eff. May 18, 1943.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-VIII-113.htmFetched: 10/20/2026