§ 718. Nominated fiduciaries in war service

1. Whenever a person nominated in a will or lifetime trust instrument
as executor, guardian or trustee is engaged in war service as defined in
the preceding section and is unable to qualify as fiduciary because of
such service, his failure to so qualify shall not be deemed a final
renunciation but a temporary one which shall become final 6 months after
such nominated fiduciary ceases to be engaged in war service. If the
will or lifetime trust instrument does not name a co-fiduciary or
successor fiduciary or if the co-fiduciary or successor fiduciary is
unwilling or unable to act and the failure of the nominated fiduciary in
war service to qualify leaves no person acting as fiduciary or will
leave the sole beneficiary of a trust as the only active trustee
thereof, any person interested may file a petition praying for the
appointment of a successor to the nominated fiduciary in war service.
Notice of the application shall be given to the persons and in the
manner directed by the court. Within 6 months from the date the
nominated fiduciary ceases to be engaged in war service, and if any of
the duties of his office remain unexecuted, he may file a petition
praying that he be appointed executor, guardian or trustee, as the case
may be, in accordance with the terms of the will or lifetime trust
instrument. Notice of the application shall be given to the persons and
in the manner directed by the court. The court may grant the
application and direct the issuance of letters to or appoint the
petitioner jointly with the fiduciary acting or may remove or revoke the
letters of the successor appointed to take the place of the nominated
fiduciary or may make such other order or decree as justice requires.
The removal and revocation of the letters of the original successor to
the nominated fiduciary shall not bar the successor from subsequently
qualifying as fiduciary if for any reason thereafter it becomes
necessary that a fiduciary be appointed.

2. The commissions of a successor appointed under this section shall
be computed in accordance with the provisions of 2307, 2308 or 2309,
whichever section is applicable to the fiduciary, except that where the
successor is removed or his letters revoked he shall not be entitled to
commissions for paying or delivering the estate to the nominated
fiduciary upon his qualification.