Matter of Estate of Lindgren

specially concurring.

I concur with the result of the majority opinion, but for reasons other than those set forth in that opinion.

Paragraph 4 of Karl Lindgren’s testamentary trust directed the trustee to pay from trust income and principle those expenses “necessary for her [Anna’s] support, care, and health during her lifetime.” (Emphasis added.) The issue in this case is simply whether the term *103“necessary” describes the type of expenses to be paid for, or Anna’s financial need that those expenses be paid by the trust.

This issue has been resolved in other jurisdictions based on reasoning and…