Legal Opinion

In re the Probate of the Last Will & Testament of Lehre

New York Surrogate's Court

Decided June 15, 1911PublishedCited by 1 opinion

Proceeding upon the probate of a will.

1Opinion of the Court

Ketcham, S.

The trust for the husband contemplates the consumption of the principal of the residue to such extent as the proper care of the beneficiary may require and the discretion of the trustees shall prescribe.

*202The terms of the gift in trust are not that the income shall he paid out, or used, or expended, but that the residue is to be “ used, paid out and expended to properly care for or have cared for, my husband aforesaid, and to maintain him in said Hospital, in a good and proper manner.”

Throughout the will are many provisions that certain amounts therein given shall be “ used,” and in…

2Cited by1 opinion

  1. In re the Judicial Settlement of the National Commercial Bank & Trust Co.New York Surrogate's Court · 1922

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