
    SARAH BAYLES, WIFE OF WILLIAM BAYLES, BY HER NEXT FRIEND, v. ISAAC STAATS.
    A trustee who, from long-continued, intemperance, has become unfit to have the charge of the trust property, will be removed, and a new trustee will be appointed.
    The bill states that Abraham Staats, the complainant’s father, since deceased, by his will, dated August 17th, 1819, did devise and bequeath, among other things, as follows: “Fourth, I give and bequeath all the other half of my farm whereon I live, to my five daughters, each share and share alike, their heirs and assigns. Seventh, my will is further, and I do order, that the legacy I left to my daughter Sarah, the wife of William Bayles, in this my last will, both real and personal, shall remain in the hands and possession of my executors hereafter named, and they to pay my daughter Sarah a reasonable support out of the same yearly, during the life of her husband, William Bayles; and after his decease she to occupy and possess the same as it is ordered in my will; but if she should die before her husband, William Bayles, and leave her child, in that case I do order the said .legacy left as aforesaid shall remain in the hands of my executors, or the survivor of them, for the use of the child; if the child die before the age of eighteen years without issue, then the same to return to my estate and be divided according to law.”
    That Isaac Staats and John Frelinghuysen were appointed executors, and duly proved the will and took, &c. That Margaret, one of the testator’s daughters, subsequently died leaving a will, dated August 30th, 1821, of which she appointed the said Isaac Staats executor, who proved the same and took, &c.; by which will of the said Margaret it was, among other things, provided as follows: “ First, I give and bequeath all the land that comes to my share of my father’s estate to my four sisters, all to share equal. Second, I give and bequeath to my sister Sarah one hundred and fifty dollars, with all my wearing apparel. Fifth, all the residue of my estate, after payment of debts, I give and devise to my brother and four sisters, equally to be divided among them, share and share alike. All that part of my estate that I give to my sister Sarah is to remain in the hands of my éxeOutor or Jais executors and administrators, the income of it for her use during the’lifetime of her husband, William Bayles; and if he should die before her, then she to have full possession of it herself; if she should happen to die before her husband, William Bayles, it is my will that it should remain in the hands of my executor or his executors and administrators, for her child, until she arrives to the age of eighteen; if she should die before that time, leaving no issue, then it must bé equally divided between my brother and sisters or their heirs.”
    That Bayles, the husband of the complainant, is still living, and’her only child-by him, now the wife of Cornelius Latourette. That John Frelinghuysen hath died, leaving the said- Isaac Staats surviving executor and sole' trustee of the property, real and: personal, so given and bequeathed to the Complainant by th'e will of said Abraham Staats. That the legacies so bequeathed to the complainant by the respective wills of the said Abraham and Margaret were in part invested in divers securities, to be applied as directed by the said wills. That' the fund' thus invested at present consists of a note of Reuben H. Freeman, with interest,-for the surñ of $100; a note of Joseph Ross, with interest, for the sum of $275; and a note Of John H. Voorhees for the sum of $375, with interest; which notes the complainant says she cannot now partieülárly describe, they being in- the possession of the said Isaac Staats. That the said Isaac, owing to confirmed habits of intemperance and consequent imbecility of judgment, has become entirely unfit to execute the trusts created by the respective wills of the said Abra-' ham and Margaret; and that he at times threatens to realize thé said securities' and apply the moneys thence arising to his own use.
    That he has lately caused a suit to be instituted on the note of the said R. H. Freeman, constituting'a part of the fund invested for the benefit of the complainant, arid that she apprehends that if the said suit proceeds to judgment and' execution, the said Isaac will enforce the payment thereof, arid misapply the money. That the said note constitutes a safe arid satisfactory investment, and that the suit for the recovery of the’amount due thereon is brought against the express wishes of the complainant, and, as she believes, with the design of misapplying the proceeds thereof to the use of the said Isaac. That the said Isaac, in consequence of the conveyance of his real estate to his daughter and her heirs, and the sale of his personal property and a judgment by confession to a large amount, a considerable part of which remains unpaid, is irresponsible and insolvent.
    The bill prays that a fit and competent person may be appointed, in the place of the said Isaac Staats, to take charge of the real estate devised to the complainant by the said respective wills, and to manage the trust fund so invested for her use; and that the said notes and other assets, if any, constituting the said fund may be delivered over by the said Isaac to the person so to be appointed ; and that the said Isaac may account, &c.; and that he may be enjoined from further proceeding in the said suit against Freeman, and from disposing of any of the said notes or assets by sale, assignment or otherwise.
    On this bill an injunction was issued restraining Isaac Staats from further proceeding in the suit against Freeman on the said note given by him, and from prosecuting either of the other notes, until he should answer the bill and the court should make other order to the contrary; and the injunction was served on the 7th February, 1846. A subpoena, returnable to March Term, 1846, was also served on the same day.
    At the June Term, 1846, the defendant having failed to appear, an order was made that the complainant proceed to take depositions, &c., and bring on the hearing of the cause ex parte.
    
    John H. Voorhees testifies that he borrowed $335 of John Frelinghuysen, executor of the will of Abraham Staats, deceased, and gave his note for it; that Isaac Staats has become a common drunkard; that he saw him pretty much every day the week before, and that he was very drunk every time, and stupefied with liquor; that he thinks Isaac Staats incompetent, from the life he has led, and his conduct, to have the management of the fund in question; that he, witness, has been a judge of the Common Pleas of Somerset between nine and ten years ; that he supposes Isaac Staats to be a little rising fifty years old.
    Mrs. Jane Doty, a sister of Isaac Staats, testifies that in January, 1846, (the bill was filed on the 30th of that month,) she heard Isaac say he meant to use the money, and, if that did not hold out, the lands of Sarah Bayles ; that she does not consider him capable of managing the fund in question, from habitual intemperance; that the suit brought by Isaac against Freeman was against the wishes and desire of the complainant
    Mary Staats, a sister of Isaac, testifies to the unfitness of Isaac to manage the fund, by reason of his intemperance j that she heard him say he meant to collect the money in Joseph Ross’ hands, alleging that he was not punctual in paying the interest; this was after he sued the note of Freeman ; Mrs. Bayles was satisfied with the investment in Ross’ hands.
    Caleb Morton, a judge of the Common Pleas of Somerset, testifies that he has known Isaac Staats nearly thirty-two years ; that for the last twenty-two years he seldom or never saw him sober; he has the reputation of being habitually intemperate; that he does not consider him a safe depository of money.
    Caleb C. Brokaw testifies that he has known Isaac Staats over twenty yearsj during the last ten or fifteen years, and perhaps longer, he has been habitually intemperate ; for the last few years he has considered him incompetent to manage any important business; witness does not think that moneys belonging to others would be safe in his management and custody.
    The will of Abraham Staats, and a certified copy of the will of Margaret Staats, were exhibited.
    
      Mr. Leupp, for the complainant.
   The Chancellor.

The ease made by the bill is sustained by the testimony. A new trustee will be appointed in the place of Isaac Staats; and the account prayed by the bill directed to be taken j and the trust fund ordered to be delivered and pak over to the new trustee.  