Darlington Estate

Opinion by

Mr. Justice Roberts,

In 1929, Harry Darlington created and funded a substantial inter vivos trust for the benefit of his wife, Ethel S. Darlington (now Ethel S. Garrett), for life. The instrument directs that the “entire net income” be paid to his wife and in addition provides “Stock dividends shall belong to the corpus of the trust and shall not be distributable as income.” During the course of the administration of this trust, the trustee awarded to principal certain stock dividends he received. It is these decisions by the trustee to retain such dividends in principal, upheld in…