§ 7-1.19 Application for termination of uneconomical trust\n (a) Notwithstanding sections 7-1.5 and 7-2.4 of this article or any\nother contrary provision of law:\n (1) Any trustee or beneficiary of a lifetime or testamentary express\ntrust (other than a wholly charitable trust) may, by application to the\nsurrogate's court having jurisdiction over the trust, seek a termination\nof such trust when the expense of administering the trust is\nuneconomical.\n (2) If, upon such application, the court finds that continuation of\nthe trust is economically impracticable, that the express terms of the\ndisposing instrument do not prohibit its early termination, and that\nsuch termination would not defeat the specified purpose of the trust and\nwould be in the best interests of the beneficiaries, the court may make\nan order or decree terminating the trust and directing the distribution\nof the trust assets to and among those beneficiaries who at the time are\nentitled (or entitled in the discretion of the trustee) to the income\nand/or principal of the trust and those beneficiaries who would be\nentitled (or entitled in the discretion of the trustee) to the income\nand/or principal of the trust if it were to terminate immediately before\nsuch order or decree. The distribution of the trust assets shall be made\nin such manner, proportions and shares as in the judgment of the court\nwill effectuate the intention of the creator.\n (b) Notice of the application shall be given to such persons and at\nsuch time and in such manner as the court, in its discretion, may\ndirect.\n (c) If the application or the possibility of the application of this\nsection to any trust would reduce or eliminate a charitable deduction\notherwise available to any person under the income tax, gift tax, estate\ntax or generation-skipping transfer tax provisions of the United States\nInternal Revenue Code, or the laws of any state of the United States or\nof the District of Columbia, this section shall not apply to such trust.\n (d) This section shall not apply to a supplemental needs trust which\nconforms to the provisions of section 7-1.12 of this part.\n
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