The Cellar  

Go Back   The Cellar > Main > The Internet

The Internet Web sites, web development, email, chat, bandwidth, the net and society

 
 
Thread Tools Display Modes
Prev Previous Post   Next Post Next
Old 07-08-2015, 06:58 PM   #5
Happy Monkey
I think this line's mostly filler.
 
Join Date: Jan 2003
Location: DC
Posts: 13,575
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.
I read this as saying that the court ruled that she must be paid the income, regardless of the trustee's discretion. The trustee can decide whether it is justified to, additionally, pay her from the principal.

Apparently someone was trying to claim that the "trustee's discretion" clause also applied to income payment, and therefore the trustee could decide not to pay her the income. I guessed that the trustee would be the most likely one to make that claim.

As I read it, the actual order agrees with my interpretation. It appears that the trustee had floated the idea of not paying her the entire trust income, and she sued to get the clause clarified.
__________________
_________________
|...............| We live in the nick of times.
| Len 17, Wid 3 |
|_______________| [pics]
Happy Monkey is offline   Reply With Quote
 


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

All times are GMT -5. The time now is 04:34 PM.


Powered by: vBulletin Version 3.8.1
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.