Whitney

This action is for an accounting by defendant as a trustee of an alleged trust fund, and her removal as such trustee. A general demurrer to the amended complaint was sustained, and judgment was *196 rendered for defendant. From the judgment plaintiff appeals; and the question is whether or not the complaint states facts sufficient to constitute a cause of action.

From the complaint it appears that one Jones Dyer, who was a resident of and domiciled in the state of Pennsylvania, died in the city of Philadelphia in said state on the fifteenth day of July, 1860, leaving a last will and testament. By said will he gave to the respondent herein, who was his daughter (to take effect after the death of his wife, Lydia Dyer), twelve thousand dollars in state bonds of the state of Maine in trust for certain uses and purposes. The trust was that respondent should devote the interest and dividends of the bonds to the support and education of one Alice S. Knight, a grand-daughter of the testator, until she should be twenty-one years old; and afterwards said Alice was to receive said interest and dividends during the period of her natural life. In case said Alice should die leaving lawful…