SECTION 40. Resignation or removal of fiduciary; power to compel surrender of property  


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  • If an executor, administrator, guardian, conservator, trustee or receiver resigns or is removed, and neglects or refuses to deliver to his successor all property held by him under the trust, the probate court may, upon application of such successor or any person beneficially interested, order such delivery made, and shall have like powers for enforcing such order as are given to it by section thirty-four.