14 Mills Surr. 364 | N.Y. Sur. Ct. | 1915
— This is an application by a general guardian ■ of an infant to compel the trustees of a testamentary trust to pay to said general guardian the net accumulated income of the trust fund. The trust was created by the following provision of a codicil to the will: “ I direct my executors hereinafter named to set apart as a separate fund money or securities, or both, sufficient in their judgment to produce a clear net yearly income of five hundred dollars ($500), and I give said fund to my trustees hereinafter named, in trust to pay the net income thereof from the túne of my death, to Frank Hartley Shearer, son of Leander H. and Grace A. Shearer, for the purpose of his education, until the said Frank Hartley Shearer shall attain the age of twenty-one years.” The infant is now six years of
Decreed accordingly.