In re Surviving Trustees under Deed of Trust Made by Battin

Lane, V. C.

The deed, of trust provides for three trustees and'for succession by appointment by the court to any trustee who shall die, refuse or become unable to discharge his duties. Hpon the filing of the petition, the two surviving trastees expressed a desire to *145resign, thus leaving, upon the acceptance of their resignations, no one to administer the trust, unless an appointment is made by the court. The application is now made by four-sixths in interest in the trust fund for the appointment of the Union County Trust Company as a single trustee. There was no objection from the other…