Woodruff v. Woodruff
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Isabel G-. Woodruff against Amos Woodruff and others to recover income from a trust fund. From a judgment in plaintiff’s favor, defendants appeal.
1DissentMcLAUGHLIN, J.
I dissent. It seems to me that the testator intended that so much of the income derived from the trust estate *941as would enable his son, Henry, to properly support himself and family and educate his children should be paid and belong to him. The words used to express the intent negative any other conclusion. His words are: “Invest and keep the same invested, and collect the income and interest thereof, and pay over so much of the income and interest, or all of it if necessary, to my son, Henry 0. Woodruff, or pay out the same for him, as will be necessary for the proper support and maintenance…
2Cases cited1 opinion
- Pell v. FolgerNew York Supreme Court · 1893