Matter Of Roberts

461 N.E.2d 300 (1984)

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Nature of the Case

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Facts

A trust was created that give the trustees in their absolute discretion to provide for the support and maintenance of the grantors' daughter and to even invade the trust principal. After the grantor' death, the daughter was hospitalized and left with $111,000 in unpaid bills. A judgment was obtained, and they sought enforcement against it from the trust principal valued at $45,000. The lower court declined to order the trustees to expend trust funds to satisfy the bill; the grantor did not intend to exhaust the trust principal to provide for the daughter's hospitalization.