In re Hilton
Appellate Division of the Supreme Court of the State of New York
Appeal by Edward D. Harris and another, as trustees, from an order of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 21st day of April, 1916, directing them to pay to the petitioner $4,000 per year for his maintenance out of a trust fund under the will of Henry Hilton, deceased.
1Opinion of the Court
Smith, J.:
The will provides that the trustees may “pay out or pay over or apply so much and such parts thereof [Albert B. Hilton’s interest] as they may from time to time consider necessary, proper or expedient for the support and maintenance of the said Albert and his wife and children during his life.” This allowance to Albert B. Hilton and his family may be made by the trustees either from the income or from the principal. The trustees have in fact paid to Albert B. Hilton and his family all of the accumulated income, so that now they are encroaching upon the principal, and in order to…
2Cases cited1 opinion
- In re Akin's EstateNew York Surrogate's Court · 1914
3Cited by19 opinions
- In re the Estate of HaydenNew York Surrogate's Court · 1939
- Robison v. Elston Bank & Trust Co.Indiana Court of Appeals · 1943
- In re the Construction of the Last Will & Testament of JohnsonNew York Surrogate's Court · 1924
- In re the Estate of LittmanNew York Surrogate's Court · 1937
- Frew v. CommissionerUnited States Tax Court · 1947
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