In re the Judicial Settlement of the Intermediate Accounts of Proceedings of Bank of New York & Trust Co.

The decree appealed from" directs the reduction to $10,000, $50,000 and $100,000 of the respective capital funds of three trusts created under the will of the testator, and further requires the trustee to distribute the total increment to the corpus of these trusts and, also, to pay over the excess income to the residuary legatee, although she did not appear in the proceeding. In each trust the trustee was given a definite sum “ in trust ” to pay the entire net income to the life tenant plus so much of the principal as might be necessary to pay a fixed minimum yearly sum.

The petition for the…