In Re the Estate of Fera

The opinion of the court was delivered by

Prootor, J.

This is an appeal by Theodora Eera Hargrett, the life beneficiary of a trust created by the will of her father, Henry Eera, from the dismissal of her counterclaim in an action instituted by the trustee wherein court approval of the sale of certain trust stock was obtained. In her counterclaim she sought to have that portion of the proceeds of the sale of the stock, constituting the major asset of the trust, which represented undistributed earnings of the corporation accumulated since the inception of the trust, paid to her as income under…