In re the Estate of Foster

Fitzgerald, S.

As there is no power in this court to entertain an application seeking or requiring instructions or directions to he given to a trustee as to the manner of the execution of his trust, I have treated this as an application made under section 2804 of the Code of Civil Procedure. The section only authorizes the surrogate to direct a payment out of income in the hands of the trustee or presently payable by him. The income in the hands of the trustee, as shown by the papers submitted, amounts to $4,081.05. This income cannot be paid to the beneficiaries, as I deem it wholly…