In re the Estate of Friday

Wingate, S.

The testamentary direction in controversy provided that the trustee should “ pay the net income, or as much thereof as may be necessary in its discretion, to the support and maintenance ” of the widow who was an incompetent. The exercise of such discretion has resulted in the expenditure of a sum considerably less than such income and the accumulation of the excess to an amount of approximately $33,000. The life tenant has died and the propounded problem concerns the proper disposition of this accumulated sum. The will directs that upon the death of the widow the principal of the…