Northwestern National Bank v. Balch

Peterson, Justice.

The individual trustees of the trust created under the will and codicil thereto of Charles A. Cosgrave appeal from an order procured upon the petition of the corporate trustee authorizing and directing the trustees to pay out of the corpus of the trust estate the excess of the cost of the widow’s care and support over the income therefrom.

The questions for decision are: (1) Whether under a testamentary trust testator’s widow is entitled to support out of the corpus of a trust, if income therefrom is insufficient, where testator by his will, after directing payment of his…