In Re Swart's Estate

This case involves the interpretation and' effect of an order made by the probate court of Wayne county in the course of proceedings for the administration of the estate of William C. Swart, deceased. The last will and testament of the decedent created a trust to be administered by trustees' in accordance with the directions given. Paragraph 6 of the will provided specifically that in case the net income of the trust exceeded in any given year the aggregate of the amounts directed to be distributed among named beneficiaries, the distribution to William P. Earle, one of said beneficiaries,…