In re the Judicial Settlement of the Estate of Montgomery

Feely, S.

For the second time in a year, the question has arisen as to the propriety of a trustee paying the funeral expenses of the beneficiary of a testamentary trust, under which the trustee was to pay over to the beneficiary all the income, and so much of the corpus as the trustee might from time to time deem necessary, for the support, maintenance and comfort of the beneficiary, during the latter’s life, without any express direction to the trustee as to such funeral expenses.

Here the special guardian for remaindermen, in a substantially similar trust, wherein the life beneficiary was the…