In re the Intermediate Accounting of Title Guarantee & Trust Co.

This application is made by petitioner as trustee under an inter vivas trust for a judicial settlement of its account, for permission to resign, for the appointment of a substituted trustee and for a judicial construction that such substituted trustee shall be entitled to receive commissions at the statutory rate rather than at the lesser rate provided in the trust instrument. Opposition is made by the trust beneficiary to the latter phase of the relief sought and to approval of the sum of $2,500 counsel fee.

Legal basis for such opposition is offered under the familiar doctrine that a…