Harvard Trust Co. v. Duke

The disputed items of the trustee’s account represent sums paid for taxes upon land on Broadway in Cambridge for the years 1934, 1935, and 1936. It is stated in the report of material facts that the “sole question before the [Probate] Court was whether said taxes . . . should be charged against principal or charged against income.” The question arises between the respondent Duke, who is the granddaughter of the testator and now entitled to receive during her life “the whole or such part of the income . . . as in the judgment of my said Trustees . . . may seem reasonable and proper,” and heirs…