Hamilton v. Faber

The action is brought by a beneficiary for an accounting by trustees, and, as part of the relief, the removal of one is sought, upon sufficient allegations. Irrespective of the sufficiency of the allegations of the complaint, as to other matters touching the acts of the demurring trustees, a cause of action, as against them, is stated, for they are necessary parties to the action to remove their co-trustee, and, at least, so far, the complaint is proof against their demurrer.

In such an action, the rule is that all trustees who have acted as *65such, and have not been discharged, should be joined…