Fleming's Estate

Opinion by

Stadtfeld, J.,

This appeal is from an order of the orphans’ court, removing the appellant as co-executor of the will of Patrick J. Fleming, Sr.

Testator died December 26, 1937, naming his son, George Fleming and George F. Hauber, the respondent, as executors. Letters testamentary were issued to the two executors. This was followed shortly by a petition by George Fleming, one of the executors, for the removal of the respondent, as one of the executors. Five of the ten heirs of the testator joined in a written request that Hauber, the respondent, should resign as executor. Later, two of…