removing trustees from trust

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Glencoe

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Can trustees be removed and replaced by the "grantor" of an irrevocable trust, which has wording that states, "the trust created by this agreement shall be irrevocable and this agreement shall not be modified...?" -- The trust was created "exclusively for the care, maintenance and preservation" of a cemetery. The current trustees were formally board members when they had the trust drawn up; they have since resigned as board members; however they are unwilling to carry out their duties by releasing funds so that the cemetery can continue to operate -- but refuse to resign as trustees. It seems as though they have breached the agreement (as current bills are overdue, phone is disconnected, insurances have lapse, and funds are not available to keep up the basic maintence of the lawn. The new board members would like to remove and replace them; however the trustees maintain that they cannot be replaced based on the aforementioned wording which suggest that the trust cannot be modified. Under the subheading succession of Trustees the following statement exist: "The title to the trust estate shall vest forthwith in any successor Trustee acting persuant to the foregoing provisions hereof, but any resigning or removed Trustee shall execute all instruments and do all acts necessary to vest such title in any successor Trustee without court accounting. " It seems that the grantor can remove and replaces successors; is this accurate? or does the modification statement (which comes later in the document) overide this.. Currently the Trustees seem to suggest that they determine who serves as Trustees or not...
 
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