232 A.D. 361 | N.Y. App. Div. | 1931
The will of the testator provided a trust to pay the income of his residuary estate to his widow, Minnie A. Blanchard, during her natural fife and also provided that “ in case such income ” is not sufficient for her comfortable and proper support and maintenance, then there may be used of the principal “ whatever sum as shall be necessary far such maintenance and support as aforesaid, which sum or sums shall from time to time be paid by said trustee to my said wife for the purposes as aforesaid, to the full extent of keeping her comfortable and properly fed, clothed and cared for.” The will further bequeathed and devised all of the said estate “ that there shall or may be remaining at the death of my said wife ” to another beneficiary “ absolutely.” Under the reasoning and prin
The decree should be reversed and the proceeding should be remitted to the surrogate to proceed in accordance with this opinion.
All concur.
Decree reversed on the law and facts and matter remitted to Surrogate’s Court to proceed in accordance with opinion.