91-9-303 - Proceedings for removal of trustees and appointment of successor.
§ 91-9-303. Proceedings for removal of trustees and appointment of successor.
When a majority of the local beneficiaries of any educational, charitable, or religious trust (all as hereinabove defined) shall determine that there exists a deep-seated and irreconcilable hostility or tension between them and any or all of the trustees or others in authority exercising control over the administration of such trust, then, and in such events, said majority of the local beneficiaries may file a bill of complaint in the chancery court of the county wherein any part of the corpus of said trust is situated, setting forth the grounds for relief as stated herein and praying for a decree of the court discharging all existing trustees and all others in authority exercising control over the administration of such trust (by whatever name designated) and for the appointment of other trustees who shall, upon their appointment and qualification in conformity with the terms of the decree of the chancery court, thereupon become vested with complete control and authority over the corpus of said trust. All successor-trustees so appointed and qualified shall be citizens of the State of Mississippi, residing within the jurisdiction of the court appointing them, and shall be local beneficiaries as defined in subsection (b) of Section 91-9-301. However, before entering a decree removing the existing trustees and all others in authority exercising control over the administration of such trust and appointing successor-trustees, the chancery court shall first find affirmatively that the conditions set forth in this section as alleged in the bill of complaint actually exist. The acting trustees and all others in authority with respect to said trust shall be made parties defendant to the bill of complaint, shall be summoned in the manner provided by law, and shall be afforded every statutory right to plead, answer, or demur to the bill of complaint exhibited against them, and to appear and be heard in opposition thereto.
Sources: Codes, 1942, § 1273-02; Laws, 1960, ch. 221, § 2, from and after passage (approved March 31, 1960).