Text of the provision
Sec. 2. Appointment and powers of trustee under will; Executor of former trustee need not administer trust. — If a testator has omitted in his will to appoint a trustee in the Philippines, and if such appointment is necessary to carry into effect the provisions of the will, the proper Court of First Instance may, after notice to all persons interested, appoint a trustee who shall have the same rights, powers, and duties, and in whom the estate shall vest, as if he had been appointed by the testator. No person succeeding to a trust as executor or administrator of a former trustee shall be required to accept such trust.
Rules of Court, Rule 98, Section 2. Reproduced verbatim and verified word-for-word against four independently published renderings of the Rules of Court — only text on which at least two independent publishers agree is shown.
About this section
This is Section 2 of Rule 98 (Trustees) of the Rules of Court of the Philippines — the Special Proceedings rules (Rules 72–109), in force since January 1, 1964. The text above is reproduced verbatim. The text is reproduced as promulgated in 1964, so it names the courts of that era: Batas Pambansa Blg. 129 (1981) reorganized the judiciary and abolished the Court of First Instance and the Juvenile and Domestic Relations Court, whose jurisdiction is now exercised by the Regional Trial Courts.
Related provisions
- Section 3 — Appointment and powers of new trustee under written instrument.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.