Taylor v. Gardiner

The only question argued by the appellant is whether the annuity given to Elizabeth K. Gardiner, niece of the testator, by paragraph “A” of the trust set forth in the sixth item of the will of John P. Hazlett, late of Boston, became payable out of principal when the income proved *412insufficient. The Probate Court has held that the annuity is chargeable upon income alone and that resort cannot be had to the principal to make up past deficiencies. We incline to the view that this ruling was right.

The sixth item of the will establishes a trust of the entire residue of the estate for purposes…