Wilkins v. . Harris

The jurisdiction of the court of equity in cases of the kind before us is undoubted. "But the mere poverty of the executor does not authorize the court, against the will of the testator, to remove him by putting a receiver in his place. There must be, in addition, some maladministration or some danger of loss from the misconduct or negligence of the executor for which he will not be able to answer by reason of his insolvency. That seems to be the well-settled rule."Fairbairn v. Fisher, 57 N.C. 390. Hence, where the condition of the executor in property or credit has not been changed for the…