New York Court of Appeals
In the Matter of Angela S. Morgan, as Guardian of the Person of Lewis McC. Herzog, Jr., an Infant, and United States…
June 1, 1950301 N.Y. 127
Summary
The New York Court of Appeals affirmed the lower court's construction that the trust income is payable to the mother only during the periods she has custody of each child, with any excess to be accumulated for the child, and rejected the father's claim to the income. The court read the trust deeds together with the separation agreement to ascertain the single purpose of securing the children’s support.