MATTER OF STOUT


1 A.D.2d 901 (1956)

In the Matter of the Construction of The Will of Albert H. Stout, Deceased. Elsa M. Stout et al., Appellants; J. Isham Bliss, as Trustee under The Will of Albert H. Stout, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 19, 1956


The corrected decree construed the will, declared valid a provision thereof which provides that a trustee named in the will may, upon the death of the income beneficiary, "pay to such person or persons as may have served my wife [the income beneficiary] or have been of aid or comfort to her during her closing years and as he may in the exercise of his discretion select, such part or parts of the principal of the trust as my Trustee in his sole, absolute and uncontrolled discretion...

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