In the Matter of the Trusts Under the Will of Helyn W. Kline

Summary

The court held that the Massachusetts Principal and Income Act permitted the trustee to shift assets from principal to income because the will did not clearly deny that power. The trustee properly used the adjustment power to pursue a prudent total-return investment strategy while treating the income and remainder beneficiaries fairly, and the petitioner failed to show a genuine factual dispute that the trustee abused his discretion. The court therefore affirmed summary judgment for the trustee.