In re the Petition of Keller — 201 N.Y. 590

Majority

p. 590

In the Matter of the Petition of Clotilde R. Keller et al., Respondents, for the Removal of Hugo P. Keller, Appellant, as Testamentary Trustee under the Will of Adolph Keller, Deceased.

Headnote

Matter of Keller, 142 App. Div. 454 , affirmed.

(Argued March 13, 1911;

decided March 28, 1911.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered Jan-

p. 591

nary 25, 1911, which reversed an order of Special Term denying a petition for the removal of Hugo P. Keller as testamentary trustee under the will of Adolph Keller, deceased, and granted said petition.

Albert Stichney for appellant.

William G. PMlippeaib and Alfred B. Gruihshanh for respondents.

Order affirmed, without costs, on the ground that the order appealed from was within the discretion of the Supreme Court; no opinion.

Concur: Cullen, Ch. J., Vann, Willard Bartlett, His-cook and Chase, JJ. Absent: Haight and Werner, JJ.

Cases cited

In re Keller 142 App. Div. 454 N.Y. App. Div. 1911-01-20 p. 590