Estate of Allgeyer

In Estate of Allgeyer (1976) 60 Cal.App.3d 169, the trustee was given the discretionary authority to invade the trust corpus "'for her reasonable support, care and comfort'," without qualification, if the income payments were in her discretion insufficient for that purpose. ( Id. at p. 171.) The Allgeyer court concluded: "The power granted the trustee in this case was not limited in such a way as to reduce it from virtual ownership of the assets. 'Were we confronted with a dispute between the widow and the remaindermen over the propriety of an invasion, we would not adopt a grudging and narrow interpretation of . . . comfort. The interpretation we would adopt in that situation is the one to which we must now look to determine whether "an ascertainable standard relating to . . . health, education, support or maintenance" is established. ' . . . It is not." (60 Cal.App.3d at p. 174.)