In the Matter of the Accounting of the Manufacturers National Bank of Troy, as Trustee Under the Will of Frederick…

Summary

The Court of Appeals reversed the Appellate Division and affirmed the Surrogate Court's decree, holding that the beneficiary may receive a portion of the trust principal only when the trust income together with her own earnings is insufficient for her care, support, and comfort, and that the Surrogate Court—not the trustee—determines the amount required. The will does not grant the trustee discretion to set that amount.