
    FIDELITY PHILADELPHIA TRUST COMPANY v. DOUGLAS S. THROPP, et al.
    Equity No. 58137
    
      Richard H. Wilmer and Douglas L. Hatch for plaintiff.
    Simon Hershman and Leo A. Greenbaum for defendant, Douglas S. Thropp, Trustee.
    Henry P. Blair for defendant, Episcopal Eye, Ear & Throat Hospital.
    McKenney, Flannery & Craighill for defendant, Protestant Episcopal Cathedral Foundation of District of Columbia.
    Karl J. Hardy for defendant, Thomas A. Scott, Trustee, and Trustees of University of Pennsylvania and Columbia Hospital.
    G. Thomas Dunlop for defendant, Garfield Memorial Hospital.
    Charles F. Wilson for defendant, Vestry of Epiphany Parish of Protestant Episcopal Church, District of Columbia.
    Charles J. Thompson for Anna Scott Farnum, Anna Farnum Thompson, Henry W. Farnum and Elizabeth Farnum Gates.
    Frank H. Myers, Guardian ad litem for Charles I. Thompson, Jr., Joseph W. Thompson, 2nd, Henry Farnum Thompson, Caleb F. Gates, 3rd, Miriam Douglas Thropp, Douglas S. Thropp, Jr., Miriam D. Scott, Wilmer Scott, infants.
   OPINION

BAILEY, J.

While the court is very slow to remove a trustee who was appointed by the settlor of the trust, and especially where the trustee has been guilty of no dishonest conduct, yet in the instant case I am satisfied that he has neglected his duties as trustee, and that this neglect has imperilled the safe and efficient administration of the trust. The interest of the beneficiaries in the proper administration of the trust is the prime consideration that the court should have in mind and this outweighs any interest of the trustee. I think that the proper carrying out of this trust will be hindered and thwarted by the continuance of the defendant in the office of trustee.

Without therefore in any wise impugning the honesty and integrity of the defendant trustee, I think that he should be removed as trustee.  