New York Court of Appeals February 2, 1892 (Matter of Carpenter)

Andrews, J.

The petitioner was entitled, under the act chapter 185 of the Laws of 1882, to have a new trustee appointed in place of George A. Pierce, the deceased trustee, upon a

prima facie

case being made, not conclusively disproved, showing that the notes, money and securities in the hands of the adminstrator of Pierce, referred to in the petition, were either held by Pierce at his decease as