18 Misc. 2d 1025 | N.Y. Sup. Ct. | 1959
Motion to settle account of successor trustee is granted. A question of construction arises concerning a one-third interest payable to “ The Adirondack Cottage Sanitarium of Essex County, New York”. In 1948 the corporate name was changed to Trudeau Sanatorium. Later, in 1953, the name was changed to Trudeau Foundation, Inc. At the time of the execution of the will (June 11, 1923) as well as the date of death (Oct. 13, 1924), Trudeau Sanatorium maintained a sanatorium for the treatment and care of persons afflicted with tuberculosis and other respiratory diseases, and was also
The terms of decedent’s Avill did not specify that the income and/or principal be used in the care of persons suffering from tuberculosis, but rather was it given without any specific direction for its use. The Foundation continues the work it was doing in 1920, less only the actual use of its facilities for the purpose of a sanatorium. The need for a sanatorium may well have been in part diminished by the very research work of this Foundation. The court finds that the purpose for which the funds were intended has not changed, and the successor trustee is directed to pay over the one-third share of the principal of the trust fund to Trudeau Foundation, Inc.