Summary
removing an executor because he lost the confidence of the court
Summary of this case from Three Keys Ltd. v. SR Util. Holding Co.Opinion
January 14, 1958.
March 17, 1958.
Orphans' court — Powers — Removal of trustee — Removal of executor — Person convicted of crime — Fiduciaries Act of 1949.
1. In this proceeding, arising out of the petition by one of the executors and trustees and the sole income beneficiary of a residuary trust, for the removal of a testamentary co-executor and co-trustee and for the appointment of a substitute, in which it appeared that the respondent had been convicted and sentenced to jail for filing false and fraudulent income tax returns, that additional criminal charges were pending against him as well as two proceedings for disciplinary action against him as an attorney and that he had acted improperly as a fiduciary in another estate, it was Held that the court below had properly removed the respondent as a co-executor and co-trustee.
2. In view of the provisions of § 921 and § 331 (5) of the Fiduciaries Act of 1949, P. L. 512, an orphans' court has power to remove either a personal representative or a trustee when for any reason the interests of the estate are likely to be jeopardized by his continuance in office.
3. A person may be removed as a trustee of estate A because of his misconduct as trustee of estate B.
Argued January 14, 1958. Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, JONES and COHEN, JJ.
Appeal, No. 305, Jan. T., 1957, from decree of Orphans' Court of Philadelphia County, 1956, No. 1275, in estate of George W. Rentschler, deceased. Decree affirmed; reargument refused April 15, 1958.
Same case in court below: 11 Pa. D. C.2d 357.
Proceedings on petition to remove individual as testamentary co-executor and co-trustee. Before SAYLOR, J.
Adjudication entered finding for petitioner; exceptions to adjudication dismissed and final decree entered, opinion by BOLGER, J. Respondent appealed.
Frank F. Truscott, with him George Chimples, Lewis M. Stevens, and Stradley, Ronon, Stevens Young, for appellant. David F. Maxwell, with him Herbert A. Fogel, and Edmonds, Obermayer Rebmann, for appellee.
Decree affirmed at appellant's costs on the able opinion of the hearing judge whose comprehensive findings are fully supported by the evidence, were confirmed by the court en banc on exceptions thereto and well justify the legal conclusions which produced the final decree.