Geyelin's Estate

Bolger, J.,

The position of the auditing judge in passing upon the question whether the funds acquired by the trustees from their contracts to permit commercial cutting of timber should be allocated to principal or income,was difficult. The situation was tantamount to being required to find whether or not the allocation of such proceeds to income amounted to waste and to whether the remainder interests were entitled to relief in the nature of a writ of estrepement. The facts before him were fragmentary, as he points out. He has found that the broad power in the deed authorized the trustees to…