In re the Trust Created by Wible

Appeal from a decree of the Surrogate’s Court of Warren County (Austin, S.), entered December 13, 1999, which, inter alia, terminated a trust created by James F. Wible.

Shortly before his death, decedent created an inter vivos trust funded by his residence, household furnishings, boat and the proceeds of a note and mortgage. Following his death, the trust agreement required that the trustee pay 40% of the monthly net proceeds of the note to decedent’s children, including respondent Sharon A. Bailey. The trustee was also required *623to pay decedent’s wife, respondent Ilean S. Wible, the net income…