In re the Estate of Gould

Taylor, J. (dissenting).

Apart from that of ancillary character the sole relief prayed for in the petition is the revocation of the letters of trusteeship and the removal of the trustees for alleged misconduct in the execution of the affairs of the trust. (Surrogate’s Ct. Act, § 99, subd. 2.) Specifically it is charged that the fiduciaries — a member of the Bar and a trust company — had wasted and improperly applied and managed the sole asset of the trust, improvidently and in excess of the power granted by the will had entered into the agreement for the sale of the capital stock upon an…