In re the Accounting of Bouvier

Frankenthaler, S.

Petitioner, trustee under the will of John Vernou Bouvier, seeks to resign and to have his account judicially settled. The special guardian has filed objection, numbered 1, contending that the trustee improperly invaded the corpus of the trust for distribution to the life beneficiary.

Testator died January 15, 1948, leaving a will which, inter alia, gave to petitioner $65,000 in trust “ for the sole use and benefit ” of his daughter Edith for life, remainder to her surviving children, the children of a deceased child to share equally, per stirpes. The trustee was “ authorized…