In re Morgan
New York Supreme Court
1>HE petitioners, LucindaL. Morgan aud Henry Morgan, are trustees, and Lucinda M. Ely the cestui que trust. They.applied to the court, by petition, for the removal of the co-trustee, William B. Morgan. The matter was referred to a referee, and á report was made, recommending the removal. On that report au order of removal was entered ; from which William B. Morgan appealed.
1Opinion of the Court
By the Court, Learned, J.
There is nothing in the report affecting the moral character of the appellant. On the contrary, the referee expressly states his belief that many of the acts complained of are to be traced to a conscientious conviction that they were in the line of his duty. And in the view we take of the matter we may assume that the appellant has intended to discharge the duties of his office with strict fidelity.
We cannot say that, in all cases, the wishes of a cestui que trust shall control the removal or the appointment of a trustee, but in a case like the present, where the…
2Cited by8 opinions
- Elias v. SchweyerNew York Supreme Court · 1896
- Powers v. PowersAppellate Division of the Supreme Court of the State of New York · 1919
- In re HoysradtNew York Supreme Court · 1897
- In re GuntherAppellate Division of the Supreme Court of the State of New York · 1921
- Blake v. SandsNew York Surrogate's Court · 1877
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