Hoover Estate

Fortney, P. J.,

This matter comes before the court upon petition of Gertrude Reid, cestui que trust, under the last will and testament of her father, J. Frank Hoover, deceased, asking for the removal of Robert E. Malick, the testamentary trustee in said will. To this petition, respondent, Robert E. Malick, filed his answer denying the material allegations which petitioner alleges warrant his removal.

The proceedings were brought under the Fiduciaries Act of June 7, 1917, P. L. 447, sec. 53 (a), 20 PS §921. *519This section empowers the orphans’ court having jurisdiction to remove a fiduciary for…