In re the Construction of the Will of Steinberger

Joseph A. Cox, S.

In this construction proceeding the court is asked to determine whether petitioner (the widow) or the trust itself must bear the income taxes on payments made to her under the will.

Under paragraph Fifth thereof testator created a residuary trust of not exceeding $150,000, to pay the entire income to his wife for life in quarterly, or if convenient, monthly installments, with power of invasion of principal in the discretion of the trustee, for her benefit should an emergency arise. Subdivision (c) provides: “ (c) In the event that the income of the trust at any time is…