Estate of Smith

Rollins, S.

—On the 17th of March last, the petitioners herein commenced a proceeding for the removal of this respondent as executrix and trustee under the will of Han-ford Smith. Application is now made in their behalf for leave to file and serve a supplemental petition. This application is resisted on several grounds.

First. The respondent claims that it is not based upon the petition originally filed. This contention seems to me to be unsound. The original petition is avowedly the basis *436of a proceeding of which the present application is merely an incident. The. affidavit of Hanford Smith,…