In re the Estate of McCabe

This is an application by two sisters, co-executrices of their mother’s will, to remove a third sister, also a co-executrix of such will, from her position as such, under section 149 of the Orphans Court act, as amended in 1921. 2 Cum. Supp. Comp. Stat., p. 2625. Petitioners charge, as bases therefor, various acts of the respondent both before and after her qualification as executrix. Respondent insists that no acts previous to her qualification can be considered under the statute, and that bad faith therein is essential for her removal.

The statute cannot be so construed. It gives the court…