In re the Estate of Allister

*995OPINION OF THE COURT

C. Raymond Radican, J.

In this proceeding for judicial settlement of the trustee’s accounts, the successor trustee requests partial summary judgment dismissing various enumerated objections filed by Peter McDaniel who cross-moves for the same relief allowing objections Nos. 1 through 3.

The trust created under the will of decedent provided for the payment of income to her son, H. M. Allister, and the distribution to him of the trust principal in three equal installments when he reached the age of 30, 35 and 40. In the event the beneficiary failed to attain 40 years of age…