In re the Estate of Schrier

Wingate, S.

The present incidental application to remove the special guardian appointed to protect the interests of contingent infant remaindermen is extraordinary, if not, indeed, unprecedented.

The main proceeding is one by a corporate cofiduciary for leave to resign on the ground that the actions of one of its coexecutors and cotrustees have been such as to endanger the assets of the estate and render it perilous for the petitioner to continue in its fiduciary capacity.

Among other improper acts alleged was that the cofiduciary laid personal claim to certain stocks which, in reality, belonged…