There is no provision in the trust instrument which directs the accumulation of income, and there is only one life involved. The third cause of action to invade the trust principal is insufficient because it is based on the claim that trust principal may be invaded. Where there is no power to invade principal given by the trust instrument, the courts have no power to direct such invasion, even where economic circumstances would warrant the exercise of such discretion ( Matter of Sullard, 247 App. Div. 761; Matter of Barnett, 182 App. Div. 926, affd. 226 N.Y. 692; Brandt v. Continental Bank Trust Co., 43 N.Y.S.2d 255, affd. 267 App. Div. 890; Matter of Solomon, 149 Misc. 551). Nolan, P.J., Beldock, Kleinfeld, Christ and Pette, JJ., concur.
A trust cannot be destroyed or impaired for any purpose other than the purpose of the trust. ( Matter of Sullard, 247 App. Div. 761.) The bonds now held in trust will mature.