In re the Final Judicial Settlement of the Accounts of Tompkins
New York Surrogate's Court
By the fifth clause of the will of the testatrix she bequeaths to Brownell Tompkins the sum of $6,000, in trust, nevertheless, to invest the same and keep the same invested in good interest-hearing securities during the term of the natural life of her son, Edward Pason Clark, and to apply the income arising therefrom to the personal support, maintenance and comfort of her son during the term of his natural life.
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By the fifth clause of the will of the testatrix she bequeaths to Brownell Tompkins the sum of $6,000, in trust, nevertheless, to invest the same and keep the same invested in good interest-hearing securities during the term of the natural life of her son, Edward Pason Clark, and to apply the income arising therefrom to the personal support, maintenance and comfort of her son during the term of his natural life. The will directs the trustee, from time to time, to personally apply such portions of the income as may he necessary and proper to the purchase of clothing for her said son to the end…
1Opinion of the Court
Smith, S.
The will does not give the income of the trust fund to the son. It rather directs the trustee to use or apply the same to the personal support, maintenance and comfort of the son, and from time to time to personally apply such portion of the income as the trustee may deem necessary and proper to the purchase of clothes for the son, to the end that he may be at all times well and suitably clothed in accordance with his rank and station in life; and, at the death of the son, the trust fund, together with any accumulated income, is to go to his children, including those hereafter born.
Fo…
2Cases cited9 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Williams v. . ThornNew York Court of Appeals · 1877
- Graff v. . BonnettNew York Court of Appeals · 1865
- Sillick v. MasonNew York Court of Chancery · 1847
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3Cited by3 opinions
- Seattle First National Bank v. CrosbyWashington Supreme Court · 1953
- In re the Estate of LittauerAppellate Division of the Supreme Court of the State of New York · 1954
- Seattle First National Bank v. CrosbyWashington Supreme Court · 1953