In re the Application to Compel Payment in the Estate of Fischer

Joseph Fischer died a resident of New York county. His last will and testament, which has been admitted to probate in the Surrogate’s Court, gave the residuary estate to trustees in trust to pay ten dollars a week each to a brother and a niece. The will also contained the following direction:

“ (c) I direct that my Trustees, as soon as in their opinion they can do so without injury to my Estate, shall take so much of the principal of said trust as may be necessary as well as such income, if any, from said trust not theretofore required for payment to my brother and niece as above set forth in…