Opinion
February 27, 1962
Order of the Referee to hear and determine dated July 26, 1961. Unanimously modified, on the facts and on the law, to the extent of deleting the following clause from the fourth decretal paragraph: "and that he has no other or further interest or right in or to said income so long as said trust continues to exist;". As so modified the order is affirmed, with $20 costs and disbursements to respondents-respondents. It cannot be held at this time that under no circumstances in the future would respondent-appellant be entitled to an additional right or interest in the income of this trust which was drawn specifically to protect him against his own improvidence.
Concur — Botein, P.J., Rabin, Valente, Eager and Bergan, JJ.