In re the Construction of the Will of Atkins

Collins, S.

This is a proceeding brought for construction of provisions of decedent’s will. The question first presented is whether or not there exists a privilege to invade the principal of the residuary trust for the benefit of decedent’s widow. The court holds that such authority is granted in the will to the trustees.

The plan of the will is to provide comfortable support for decedent’s widow and for the maintenance and education of any child. The will directs that for such purposes the principal of the trust may be resorted to in the event of a deficiency of income. This major design of…