Mathues's Estate

Opinion by

Mr. Chief Justice Kephart,

The Act of June 7, 1917, P. L. 447, Sec. 53, empowers the Orphans’ Court to remove a fiduciary over whom it exercises jurisdiction upon cause shown. The removal of a trustee is a drastic action, which should only be taken when the estate is actually endangered and intervention is necessary to save trust property. In Neafie’s Estate, 199 Pa. 307, it was stated there must be a substantial reason before the court will remove a trustee, who enjoyed the confidence of the person who created the trust. A testator has, as a property right, the privilege and power…