In an estates motion brought during trial, the court determined a question of law concerning whether a widow holding life interests under two testamentary trusts was prohibited from accumulating trust income in her own name.
Applying ordinary principles of will interpretation, the court held the testator's language conferred broad and unrestricted use of trust income for the widow's sole use and benefit, without any requirement to preserve unused income for remainder beneficiaries.
The court found no express or implied limitation requiring capitalization of unused income and emphasized the testator's stated intention that his wife's well-being and comfort take priority over preserving the estate.
The question posed on the motion was answered in the negative.
