Written by attorneys · grounded in primary & secondary sources — see below
A person or entity that succeeds to the office, rights, responsibilities, or place of another. The term includes both natural persons and corporate entities that assume a predecessor's position or interests through succession, appointment, or operation of law.
Summit Bank, holding a junior mortgage on an office building, obtained appointment of a receiver who collected net rents after taxes and maintenance. When Sentinel Security, the senior mortgagee, later secured its own receiver, the court credited the excess rents to Summit Bank's obligation rather than returning them to the mortgagor.
Sebastian Santos sold his parcel subject to a recorded access easement benefiting an adjoining lot owned by Spencer Silver. When Silver conveyed the benefited lot to Southland Foods, the company could enforce the easement because the benefit served a purpose more useful to the corporate successor than to Silver personally after the transfer.
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Sydney Santos petitioned to establish parentage. The court ordered testing at a laboratory accredited by the AABB's designated successor organization under federal guidelines. The results were admitted because the accrediting body satisfied the statutory requirement for expert reliability.
After a substantial change in circumstances, all qualified beneficiaries petitioned to remove the current trustee of the Sterling Manufacturing family trust. The court appointed a suitable successor trustee because removal best served the beneficiaries and did not contradict a material purpose of the trust.
Sylvia Santos resigned as trustee of a revocable trust. Until the trust property could be delivered to the successor trustee, she retained the duties and powers necessary to safeguard the assets from dissipation or third-party claims.
After removal, Skylar Sullivan, the former trustee, promptly transferred all trust assets in her possession to the newly appointed successor trustee as required by the governing instrument and statute.
A successor trustee receives the powers necessary to administer the trust once trust property is delivered. Until delivery occurs, the removed trustee retains limited powers to protect the assets.
The benefit runs to a successor when it serves a purpose more useful to the successor than to the original beneficiary after transfer of the underlying property interest.
Yes, but only after applying the rents first to taxes and reasonable maintenance expenses to avoid waste. Any excess may then be applied to the junior obligation.
…Medical Practice Act, the act of December 20, 1985 (P. L. 457, No. 112), known as the Medical Practice Act of 1985, or their successor acts. Any physician who performs or induces an abortion without first obtaining the certification required by subsection (a)(4) or with knowledge or reason to know that the informed consent…