In re the Estate of Rosenberg

Smith, S.

The petitioners invoke the provisions of subdivisions 2 and 3 of section 99 of the Surrogate’s Court Act for the removal and surcharge of the respondents as executors of and trustees under the will of Charles Rosenberg, deceased.

*93A referee was appointed to hear and report the testimony on the issues raised by the petition and answer, and the matter is now before the court upon motion and cross-motion upon the pleadings, testimony and referee’s report.

The principal charges made against the fiduciaries are:

1. That said fiduciaries illegally, partly out of principal and partly out of…