Trustees — Appointment — Harmony among co-trustees — Appointment of judge of court of common pleas — Petition of surviving trustees — Provisions of will.
On appeal by a life tenant from a decree appointing trustees to fill vacancies caused by the death of two of four trustees named by testator, in which it appeared that the court had refused to appoint the appellant as one of the trustees because to have done so would have created disharmony among the trustees; that it had refused to appoint a judge of the court of common pleas because litigation involving the trust might eventually come before him as a judge; and that it had appointed as a trustee, one who had been suggested by the surviving trustees and not by the beneficiaries because the will expressly provided that appointments to trustee should be made upon petition of the surviving trustees; it was Held that the decree should be affirmed.
Argued January 8, 1947.
PER CURIAM, January 28, 1947:
The decree of the court below is affirmed on the opinion of President Judge GANGLOFF; costs to be paid by the appellant.