In re the Trust Created by Goelet

Steuer, J. P.

"While we are in substantial accord with the disposition of the ¡Surrogate, we find that the decree requires modification in some respects. Briefly stated, the facts are: The petitioner was formerly the wife of respondent. They were divorced in 1956. Prior to the divorce they had entered into a separation agreement which all parties agree has survived the divorce and still is in effect. In addition to other provisions for support, the agreement provides that if respondent should receive or be entitled to receive from his father by gift, legacy or otherwise any principal or income…