Nature of the Case
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Facts
Testatrix died in 1944. Her residuary went in trust to pay the net income equally to her two daughters for their joint lives and then all of the income to the survivor for life. On the death of the survivor, the trust was to terminate with the principal to go to the testatrix's descendants by right of representation. In 1945, the life beneficiaries petitioned the probate court to instruct the payee to pay each of them $200 per month from income even if it invaded the trust corpus. They alleged that they were in need and that one of the daughters required special medical care and that the other daughter relied upon the trust income for the necessities of life. The court granted the petition after finding that the trust income was now less than $250 a month and that the primary purpose of the trust could not be accomplished by strict adherence to its terms. The trustee appealed this determination.
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