MATTER OF THOMAS


196 Misc. 628 (1949)

In the Matter of the Construction of The Will of Ida M. Thomas, Deceased.

Surrogate's Court, Jefferson County.

October 11, 1949.


Attorney(s) appearing for the Case

John H. O'Brien for Alfred H. Burdick, as executor and trustee of Ida M. Thomas, deceased, petitioner.

Mason M. Swan for Delia Moyer and others, respondents.


WRIGHT, S.

As a part of the relief sought in this proceeding, a construction of the will is asked. The question under consideration is whether the will permits the invasion of principal of the trust for the maintenance of the son and his wife irrespective of the independent means of the son.

The will fails to contain an express provision that in the exercise of discretion the trustee should or should...

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