In Re the Trust Estate Created by the Will of Grace

OPINION OF THE COURT BY

PETERS, J.

Although heard before all of the justices, due to the absence of the chief justice, by stipulation of the parties the opinion of but two of the justices who sat is accepted as the opinion of the court.

The testatrix in her will created a trust by the terms of which the trustee was authorized during the period of the trust to “use any part or portion of the rents, issues and profits or income or the accumulations thereof [of the trust estate] for the support and maintenance of any one or more of my children or grandchildren who may be or become destitute or in…