Section 4. If a testator has omitted in his will to appoint a trustee in this commonwealth and such appointment is necessary to carry into effect the provisions of the will, the probate court may, after notice to all persons interested, appoint a trustee who shall have the same powers, rights and duties and the same title to the estate as if originally appointed by the testator.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Section 1 - Trusts in Realty; Necessity of Writing
Section 2 - Record of Trust; Notice
Section 3 - Purchasers Without Notice
Section 3a - Trusts for Benefit of Employees; Rule Against Perpetuities
Section 4 - Testamentary Trustee; Appointment
Section 4a - Definitions Applicable to This Section and Sec. 4b
Section 4b - Fiduciaries; Disclosure Statements; Contents
Section 14b - Securities Held by Fiduciaries; Powers of Fiduciaries; Records and Certification
Section 42 - Trusts for the Benefit of Creditors; Termination of Trust