In re Berardini

Decree of the Surrogate’s Court of Richmond county reversed on the law and the facts, with costs to appellant, payable out of the estate, and the matter remitted to the surrogate to take proof on and to decide the question whether the executors and trustees should be removed for reasons other than their failure to furnish an undertaking as provided for in the order of June 30,1932. The appellant, Modesto Berardini, made a petition for the removal of his coexeeutors and trustees upon the ground of misconduct in office, and they in turn petitioned for his removal upon similar grounds. The…