In re Estate of Ayers

By JUDGE CHARLES H. DUFF

The petition is brought under Code Sec. 26-3 for the removal of J. Richard Allan, II, as Administrator of the Estate of John W. Ayers. The statue provides for the removal of a fiduciary "whenever for any cause it appears proper." In reviewing Clark v. Grasty, 210 Va. 33 (1969), and the other decisions appearing in the annotation to the statute, it seems clear that there must be showing of fraud, breach of trust, gross neglect or some other default on the part of the fiduciary which would make his removal proper or necessary for the continued orderly administration of…