In Re the Trust Created by Declaration of Trust of Dean

OPINION OE THE COURT BX

LEWIS, J.

Appellants are the administrator with the will annexed of the estate of William McBurney Dean, who died September 14,1959; and the widow of the decedent. Mr. Dean founded the Dowsett Highlands Land Trust, a business trust, by a declaration of trust dated November 14, 1944, and at the times here involved was the sole trustee of the Land Trust. He hereinafter sometimes is referred to as the “Trustee.”

This case originated as a petition for appointment of successor trustees, filed January 19, 1960. However, the case has evolved in such manner as to involve all the…