In re the Estate of Spenadel

Joseph A. Cox, S.

The fourth article of the testator’s will bequeathed one fifth of his residuary estate in trust for the benefit of his two sisters and six charities. He directed that $1,200 of the trust income be paid annually to each sister and that stated annual sums be paid to the respective charities. The annual income so disposed of totalled $5,000 and the testator, anticipating the possibility that the trust might not yield that amount, authorized his trustees, in their sole judgment and discretion, to provide any deficiency from principal. The will omits an express provision as to the…