SAMUEL FAILE, S.
The motion under rule 106 of the Rules of Civil Practice for an order dismissing so much of the petition as requests a denial of letters of trusteeship is granted. The grounds for disqualification of a fiduciary set forth in section 94 of the Surrogate's Court Act are exclusive. ( Matter of Foss, 282 App. Div. 509, 511.) The alleged grounds of disqualification do not fall within those enumerated in section 94 of the Surrogate's Court Act.
Settle order.