In re the Estate of Wolanski

Wingate, S.

In this executorial accounting, the fiduciary asks permission to resign as trustee and for the appointment of a successor in his place. The answers of various parties deny that any trust whatsoever was created by the will, and contend that the supposed cestui que trust is merely the tenant of a legal life estate, and that in consequence, since the purely executorial duties have been performed, it is the duty of the accountant to turn over the resulting avails to the person to whom the fife estate is given, upon the judicial settlement of his account.

The accountant’s position is…