In re the Estate of Maurice

Hopkins, J. P.,

dissents and votes to modify the judgment further by directing that the principal of the trust should be distributed in three shares per stirpes to the appellants, with the following memorandum, in which O’Connor, J., concurs: In 1916 the settlor established a trust. By its terms the trust ended in 1975. The issue between the parties is the distribution of the remaining principal. That issue must be determined by the language of two paragraphs of the trust instrument. Under the provisions of the trust, the income from the trust principal was payable in equal shares to six of…