Removal of Trustee or Co-Trustee; Notice; Hearing

(a)The Superior Court shall have power to remove a trustee of a testamentary trust, whether or not any property has been distributed to such trustee, who has violated or is unfit to execute the trust or has acquired any interest or become charged with any duty adverse to the interest of any beneficiary in the subject of the trust. The Superior Court may remove one or all of the co-trustees of a testamentary trust and appoint new trustees where the Superior Court determines that hostility, ill feeling, or continued lack of CH. 33 ADMINISTRATION OF TRUSTS cooperation among and between co-trustees has impaired the proper administration of the trust. The proceeding may be initiated by the Superior Court upon its own motion or by verified petition of a beneficiary of, or any other person interested in, the trust, including any person in being who shall or may participate in the corpus or income of the trust.

(b)The Clerk of the Superior Court shall set the matter for hearing, and notice thereof shall be given in the manner provided in Section 3401 of this Title. The trustee whose removal is sought shall be personally served with a copy of the motion or petition and with notice of the time and place of the hearing thereon, at least ten

(10)calendar days before the hearing, provided, that if such a trustee is not a resident of Guam, or has absconded or concealed himself from Guam, the Superior Court may fix the manner of giving notice to such trustee by mail, publication or otherwise, as the Superior Court may determine, and the Superior Court may proceed upon such notice as if such trustee had been personally served. In addition, the petitioner, or the Superior Court when acting upon its own motion, shall cause a copy of the petition or motion and of the notice of the hearing mailed to or personally served upon the personal representative, if any part of the estate remains to be distributed to the trustee, and to or upon each co-trustee and to or upon all the beneficiaries, including therein all persons in being who shall or may participate in the corpus or the income of the trust, as provided in Section 3401 of this Title whether any of the persons to whom notice is to be given have requested special notice or given notice of appearance.