In re the Accounting of Lingham

Decree reversed as a matter of discretion and matter remitted to the Surrogate’s Court for further proceedings not *967inconsistent with the memorandum. Memorandum: The petition alleges, and testimony was taken on, various instances of misconduct on the part of the trustee. It is undisputed that trustee’s commissions were, for a period, charged to principal contrary to the terms of the will and a prior order of the Surrogate. There was, moreover, evidence that the trustee had not exercised due care and prudence in the retention of certain oil royalties. In addition, the petitioner, prima facie,…