Mayo's Estate

Waite, P. J.,

Henry Mayo died on September 30,1906, having made his last will and testament, which was duly probated on October 4, 1906. Under the residuary clause, testator created a trust for Harry W. Mayo, and named the Erie Trust Company as trustee. The trust provides for payments in the sum of $50 per month to Harry W. Mayo from the income received and from such portion of the principal as may be necessary for that purpose.

The Erie Trust Company assumed its duty as trustee on October 31,1906, when it received $100 on account of distribution. On May 9, 1907, said trustee received an…