The Surrogate's decision to remove appellants as executors was based upon his determination that the "estate cannot be terminated in an expeditious manner while the present fiduciaries remain in office". However, SCPA 711 requires a showing of improvident management of assets, misconduct in the execution of duties or unfitness for office before removal is justified. "[T]he courts are required to exercise the power of removal sparingly and to nullify the testator's choice...
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