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  5. 23 N.Y.2d 579 (1969)
 

MATTER OF FLYER

23 N.Y.2d 579 (1969)

In the Matter of the Construction of the Will of Jacob Flyer, Deceased. Phyllis Kavett, as Trustee, et al., Appellants; Jeannette G. Leavitt, as Committee of the Incompetent, Elsie Flyer, et al., Respondents.

Court of Appeals of the State of New York.

Decided January 23, 1969.

Attorney(s) appearing for the Case

Herbert Monte Levy for appellants.

Richard E. Leavitt for Jeanette G. Leavitt, respondent.

Judges BURKE, BERGAN, KEATING and JASEN concur with Chief Judge FULD; Judge SCILEPPI dissents and votes to affirm in a separate opinion in which Judge BREITEL concurs.

Chief Judge FULD.

In this proceeding to construe a will, we are presented with the question whether a trustee, vested with sole and absolute discretion to invade the principal of the trust for the support of the life beneficiary, may take the latter's private resources into account before deciding to effect an invasion.

The testator, Jacob Flyer, died in August of 1964. He was survived by three daughters...

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