Rudy's Estate

Citations

• 71 Pa. Super. 448
• 1919 Pa. Super. LEXIS 135

Syllabus

<p>Decedents’ estates — Trusts and trustees — Bight to consume — Discretion of trustee.</p> <p>Where a testamentary trust is created, directing that “the interest thereof, together with part of the principal if required” shall be paid for the care and maintenance of the cestui que trust, the use of the fund is largely a matter of the sound discretion of the trustee, and no presumption of fraud arises from the mere fact that there has been .a diminution of the principal.</p>