In re the Estate of Hayman

Foley, S.

The principal question in this accounting proceeding is whether a grant of authority to the trustees to invade the *13principal of the trust created in the fourth paragraph of the will, is mandatory or discretionary.

In this paragraph of the will the testatrix gave to her trustees ten per cent of her estate, not exceeding, however, the sum of $15,000, with directions to pay the net income thereof in quarterly installments to Carrie Hirsch, who had been her maid. She further declared that if the net income so payable to the beneficiary during any year shall not amount to $750, then “ I…