In re the Estate of Deyo

Foley, S.

The petitioner, who is the widow of the decedent, the sole residuary legatee and an executrix under his will, has initiated this proceeding to compel her coexecutor to perform certain acts and to have him removed as an executor because of alleged misconduct. The respondent executor is the nephew of the decedent. Dissension and ill feeling have developed between the widow and the nephew.

The principal question presented for consideration here is that part of the application which seeks to compel the executor to take no position adverse to that of the petitioning executrix in the…