Ohio § 5816.09

§ 5816.09.

Any successor or replacement trustees of a legacy trust shall be determined or selected

in the following manners: (A)(1) Division (A)(2) of this section applies if in any action involving a legacy trust

or any trustee of the legacy trust a court enters or issues any order in which or

by which the court declines to apply the law of this state in determining any of the

following matters: (a) The validity, construction, or administration of the trust; (b) The effect of any term or condition of the trust, including, but not limited to,

a spendthrift provision; (c) The rights and remedies of any creditor or other suitor in connection with a qualified

disposition. (2) Immediately upon the court's entry or issuance of an order referred to in division

(A)(1) of this section, and without the need for any other order of any court, any

qualified trustee who is a party to that action shall cease in all respects to be

a trustee of the legacy trust, and the position of trustee shall be occupied in accordance

with the terms of the trust instrument that governed the legacy trust immediately

before that cessation, or, if the terms of the trust instrument do not provide for

another trustee and the trust would otherwise be without a trustee, any court of this

state, upon the application of any beneficiary of the legacy trust, shall appoint

a successor qualified trustee upon the terms and conditions that it determines to

be consistent with the purposes of the trust and this chapter.  Upon a qualified trustee ceasing to be a trustee pursuant to division (A)(2) of

this section, that qualified trustee shall have no power or authority other than to

convey trust property to any other trustee that is appointed, installed, or serving

in accordance with that division. (3) For purposes of division (A) of this section: (a) “ Court ” includes a judicial tribunal, an administrative tribunal, or other adjudicative

body or panel. (b) “ Order ” includes any order, writ, judgment, entry, edict, mandate, directive, instruction,

or decree issued or entered by any court. (B) In all cases other than the situation described in division (A) of this section,

both of the following apply: (1) If a legacy trust ceases to have at least one qualified trustee, the vacancy in the

qualified trusteeship shall be filled pursuant to section 5807.04 of the Revised Code except to the extent that the legacy trust expressly provides otherwise. (2) If a legacy trust ceases to have at least one trustee, the vacancy in the trusteeship

shall be filled pursuant to section 5807.04 of the Revised Code , and the successor trustee shall be a qualified trustee unless the legacy trust instrument

expressly provides otherwise.