266 Mass. 500 | Mass. | 1929
This is an appeal from a decree allowing an account of a trustee under a will. The testator directed the payment of his debts and other charges, bequeathed numerous legacies, and by article ten gave “the rest, residue and remainder” of his estate to the accountant in trust for investment and reinvestment, for collection and payment of “the income from said fund” as there specified, and for final distribution of the principal of the trust. The single point at issue between the parties relates to the proper disposition of $1,800.27. That amount represents the income derived from the funds used to pay debts, legacies and expenses of ad
• In the light of these decisions of our own court covering so long a period, perhaps not expressly to the point here presented but very close to it, the conclusion is irresistible that the item here in question must be treated as income for distribution among those entitled thereto and not as capital to be held for the remainderman.
Decree reversed.