Quote:
My Trustee is directed to pay such amounts of and from the income generated by said trust, and from the principal of said trust if he deems same to be advisable, to, for, or on account of my said wife in quarterly installments or more frequently if he deems advisable and if practicable.
|
Quote:
|
Is the trustee required to pay the income to Ward’s wife, or can he use his discretion? The income payments are required, ruled the court: The comma after “said trust” shows that only the distribution of the principal is left to the trustee’s judgment.
|
That sounds like it was the intent of the trust, and punctuated properly. The beneficiary is guaranteed the income, and if circumstances justify dipping into the principal, then the trustee can decide. If it got to court, then the trustee was trying to stop paying the trust's beneficiary even out of income.