Heyl's Estate

Bolger, J.,

The question is whether the auditing judge erred in refusing the demand of the remaining trustee and of Mrs. Jackson, the co-beneficiary of the spendthrift trust, to authorize the trustee to deduct from Mrs. Peace’s income items of taxes, interest, etc., allegedly due under Mrs. Peace’s agreement of 1930, and which have accrued since her repudiation of the agreement on December 3, 1942, on the ground that the 1930 transaction was revocable at will. Mrs. Peace does not object to sharing the loss of income.

Additional salient facts not appearing in the adjudication are that both life…