HERBERT R. O'CONOR, GOVERNOR. 309

(e) Whenever a fiduciary, as herein defined, is engaged in
war service as also herein defined, such fiduciary, or any co-
fiduciary or his surety or sureties or other person having
an interest in the subject matter of the trust, may present
a petition to the court wherein the trust is being admin-
istered, or, if not being administered under the jurisdiction
of any court, to the court exercising equity jurisdiction in
the place where the trust is being administered, praying
for the passage of an order suspending the powers and
duties of such fiduciary so engaged in war service and,
where necessary, appointing a substitute or successor. In
addition to the name of the fiduciary engaged in war service,
the petition shall state the nature of the trust, the relation of
the petitioner thereto, the character and estimated value of
the trust property, the names and addresses of any co-fiduci-
aries or alternates, and the names and addresses of the prin-
cipal beneficiaries of the trust, so far as known to the peti-
tioner. The petition shall be sworn to by the petitioner and,
if filed by a person other than the fiduciary engaged in war
service, shall, in addition, be supported by the affidavit of such
fiduciary, or by the affidavit of some other competent person
certifying to the belief that such fiduciary is engaged in such
war service or that since entering such service he has been re-
ported or is believed to be missing.

(d) The petition may be filed and acted upon by the court
ex parte, or, before proceeding to decree, the court may require
that such persons be made parties to the proceeding and such
notice and opportunity to be heard be given them as may
appear, in its discretion, necessary to protect the trust and
the parties interested therein.

(e) Upon presentation of the petition and after such hear-
ing thereon, ex parte or otherwise, as the court may require,
the court may, notwithstanding any other provision of law,
suspend the fiduciary engaged in war service from the exer-
cise of all of his powers, duties, discretions and privileges as
a fiduciary of the trust, and, where necessary, appoint a sub-
stitute or successor; and the court may, upon the same peti-
tion, by the express terms of its order, assume jurisdiction
over the further administration of the trust if it had not previ-
ously done so, or may confine its order solely to the suspen-
sion of the trustee and, where necessary, the appointment of
his substitute or successor.

(f) The period of suspension shall begin on the date of the
passage of the order suspending such fiduciary, if no
other date be specified in said order, and, provided the
court shall pass an order of reinstatement upon due applica-
tion as herein provided, shall end on the date of the requalifi-