Neafie's Estate

Citations

• 199 Pa. 307
• 49 A. 129
• 1901 Pa. LEXIS 598

Syllabus

<p>Trusts and trustees—Removal of trustee—Act of April 9, 1868, P. L. 785.</p> <p>Under the Act of April 9, 1868, P. L. 785, entitled “ An act to authorize the court of common pleas and orphans’ court in the city of Philadelphia to appoint and remove trustees,” the courts have no power to remove a trustee at the mere whim or caprice of a cestui que trust. A substantial reason for such action must appear.</p> <p>An application by a cestui que trust to have a testamentary trustee removed will not be granted where it appears that the aversion of the petitioner to the trustee arose from the fact of the trustee’s appointment to the exclusion of herself and her husband, that an alleged improper sale of assets of the estate was a proper and prudent one, and that the petitioner’s annoyance, alleged ill health and expense of employing counsel were all due to her own acts and not to any conduct of the trustee.</p> <p>Nathan’s Estate, 191 Pa. 404, overruled.</p>