In re Connolly

Ketcham, S.

This case presents a distinction which is too often misunderstood or neglected. Its recognition will save many useless applications to the court.

Where a testamentary trustee is imperatively directed to pay income to an infant, it should be paid in full to the general guardian, who in turn may apply it to the maintenance and education of his ward under the order of the court.

But where the trustee is required to exercise his discretion as to the use of the income, the gift to the child is only of so much of the income as the trustee shall properly determine to apply, and it is not…