Bromiley's Estate

Van Dusen, J.,

The auditing judge held that the spendthrift provisions in the will applied only to J. Walter Bromiley’s interest in the trust created in the fourth item and in no way to the legacy given to him in the second item. He awarded the legacy subject to the attachment. Later, however, he awarded the whole fund, principal and income, and apparently including the amount of this legacy, back to the accountant for further accounting. Technically, therefore, the award of the legacy and the expression of an opinion as to the effect of the spendthrift clause were premature. However, we agree…