I was called by the Registrar of the Supreme Court who indicated that my Organization (a kind of public trustee) was appointed Executor of a settlement estate. There are 2 named Executors and the Executors are also the named trustees in the Will, they are also beneficiaries under the will. The Court made an Order removing the 2 Executors. The Order did not specifically removed them as trustees.
The Estate is contentious as the life tenant and the remaindermen are at adds over the properties in the estate and funds collected by the 2 executors (also beneficiaries) which have not been accounted for.
case or opinion on court not being or being able to appoint executor of deceased’s will
case or opinion on removal of person in Executor capacity, but not Trustee capacity even though appointed Executor and Trustee