In re the Estate of Hawker

O’Brien, S.

The application to remove the cotrustee and to have the petitioner declared the sole trustee of the above-entitled estate is denied. From the papers submitted it appears that none of the grounds specified in section 99 of the Surrogate’s Court Act for the removal of a trustee has been shown. (Matter of Jung, 205 App. Div. 37; Matter of Shenk, 125 Misc. 386.) The mere failure of the cotrustee to join in the deed of conveyance of the real property in question, or to actively perform the duties of trustee, does not constitute ground for removal.

It would seem that the proper remedy of…