Section 10. If a trustee who derives his appointment or authority from a court having no jurisdiction in the commonwealth holds land in the commonwealth in trust for persons resident therein, he shall, upon petition to the probate court for the county where the land lies, and after notice, be required to take out letters of trust from said court; and upon his neglect or refusal so to do, the court shall declare such trust vacant, and shall appoint a new trustee, in whom the trust estate shall vest in like manner as if he had been originally appointed or authorized by said court.