In re the Intermediate Accounting of Title Guarantee & Trust Co.

This is a proceeding judicially to settle the first and second intermediate accounts of the petitioner as trustee of an express trust created on March 6, 1922, by John F. Dick for the benefit of himself and others. Permission to resign as trustee and to substitute in its place Bings County Trust Company is also sought.' In addition, petitioner *773requests a construction of certain paragraphs of the indenture of trust.

The respondents assert that there has been a shrinkage of the principal of the trust fund in violation of paragraph “ Fourth ” of the indenture of trust and, accordingly, the…