MATTER OF STILLMAN


107 Misc.2d 102 (1980)

In the Matter of The Estate of James Stillman, Deceased.

Surrogate's Court, New York County.

October 28, 1980


Attorney(s) appearing for the Case

Breed, Abbott & Morgan (Paul C. Lambert, H. Barry Vasios and Donald W. Anderson of counsel), for petitioners. Shearman & Sterling (Thomas P. Ford, Jeremy G. Epstein and William H. Forsyth of counsel), for respondents.


MILLARD L. MIDONICK, J.

The central issue in this proceeding is this: at what point does an "absolute and uncontrolled" discretion of trustees to withhold invasion of principal become an unreasonable abuse of that discretion?

The petitioners here, Guy Stillman and Dr. James Stillman, are grandsons of the testator James Stillman. They are income beneficiaries of two trusts under article SEVENTH of the will of the testator. Each of them complains...

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