Opinion
February, 1918.
The ruling of the learned surrogate that these testamentary trustees had no authority to break into the capital of this trust property, is amply sustained by the terms of the will, which gave only income to the grandchildren before they should arrive at the age of twenty-one. Such payments were an unauthorized invasion of the principal, which the trustees had no right to break into. ( Matter of Fero, 9 How. Pr. 85; Deen v. Cozzens, 7 Robt. 178, 190; Cass v. Cass, 15 App. Div. 235, 239.) The will gave authority to pay over income. In view of all the facts, we modify the decree to the extent that interest on $505.46 runs from January 20, 1915, when the petitioner came of age. As thus modified the decree of the Surrogate's Court of Kings county is affirmed, without costs. Jenks, P.J., Thomas, Mills, Rich and Putnam, JJ., concurred. Order to be settled on notice.