In re the Estate of Griffith

Otto C. Jaeger, S.

In this accounting proceeding the only issue to be determined is whether the corporate trustee, upon termination of the primary trust for the benefit of the testator’s sister for life, is entitled to commissions for paying over the remaining principal to itself as trustee of the secondary trust which, concededly, is for charitable uses only.

SCPA 2308, applicable here, expressly provides in paragraph (c) of subdivision 5 that, in the case of a trust created solely for charitable uses ‘ ‘ which continues after the termination of a life use or uses ”, the trustee, for the…