In re the Construction of the Trust Created by Myers

Order unanimously modified on the law by striking the third decretal paragraph providing for the payment of interest on the specific gifts and by directing that the actual amount of income earned upon the balances due on *824the gifts to the respective donees be credited to them and the order is otherwise affirmed, with costs payable out of the trust fund to all parties filing briefs. In the circumstances of this case the action of the trustee in withholding distribution of portions of the specific gifts was not only justified but was mandated under subdivision 6 of section 124 of the Decedent…