§ 1505. Proceeding when testamentary trustee is also executor or

administrator

1. Where the same person is a testamentary trustee and also the
executor of the will or the administrator upon the same estate,
proceedings taken by or against him as trustee, as prescribed in this
act, do not affect him as executor or administrator or persons
interested in the general estate, except in one of the following cases:

(a) Where he presents a petition praying for the revocation of his
letters, he may in the same petition show that he is entitled to resign
as testamentary trustee and may thereupon pray for a decree allowing him
to resign and for process accordingly.

(b) Where a person presents a petition praying for the revocation of
letters issued to an executor or administrator and any of the facts in
the petition are made, by the provisions of this act, sufficient to
entitle the same person to present a petition praying for the removal of
a testamentary trustee, the petitioner may pray for a decree removing
the person complained of in both capacities, and for process
accordingly.

2. In either case proceedings upon the petition for resignation or
removal, as the case requires, of the testamentary trustee, and for the
judicial settlement of his account, may be taken as prescribed in this
act, in connection with or separately from the like proceedings upon the
petition for the revocation of the letters, as directed by the court.