In Re Gatehouse’s Wil

267 N.Y.S. 808 (Surr. Ct. 1933)

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Nature of the Case

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Facts

The decedent wrote a will that directed as follows: To pay the entire income therefrom to my wife, Kathryn H. Gatehouse, for and during her natural life, and should the income prove insufficient to maintain my wife in her accustomed style of living, then I direct my Trustees in their discretion to apply from the principal so much as may be necessary to maintain my wife in her accustomed style of living. I further direct my Trustees to pay from the principal all necessary expenses incurred for hospital or medical attention or other extraordinary expenses that may be necessary for the care and comfort of my wife. In the event of any unforeseen or unexpected emergency that will require additional funds for the necessary care of my wife, I authorize and direct my Trustees, or either of them, in their discretion, to make such payment as to them or either of them may seem best. It is my intention to amply provide for the care and comfort of my wife and the discretion given to my Trustees is to be used by them in a broad sense, and I hereby expressly relieve them or either of them from the necessity of accounting to any person except my wife for the exercise of their discretion.....Upon the death of my wife, should any of the principal then remain, I give, devise and bequeath the principal and all accrued and unpaid income to those who at that time shall constitute my next of kin according to the intestate laws of the State of New York. At the time of the executorial accounting in 1929, the question of the annual sum to be paid D was litigated and fixed at $3,600 a year. This involved an annual invasion of principal to the extent of $740. D has remarried, and P contends that further payments for this purpose from the estate of her first husband are improper. The cestui que trust objects because the terms of the will are absolute and entitle her to support and further the current husband has fallen on evil days and is unable to maintain her.