In re the Judicial Settlement of the Account of Proceedings of Tysen

Although the question is not entirely free from doubt, especially in view of the nature of the estate, the court is in accord with the view of the learned surrogate that the will indicates an intent to create an equitable conversion of the residuary estate. However, the court cannot presently affirm the determination that Henry H. Nutt should be removed as executor and trustee. Representatives are removed, not to punish them, but to prevent waste. Failure of a trustee to pay an obligation to the estate is not, of itself, sufficient to require a removal. The handling of this estate was a…