Brief Fact Summary. The petitioner, one of the surviving life-income beneficiaries of a trust, sought to modify the trust in regards to another one of the beneficiaries who was retarded.
Synopsis of Rule of Law. A court will not permit or direct the trustee to deviate from the terms of the trust merely because such deviation would be more advantageous to the beneficiaries than a compliance with such direction.
Issue. Whether a trust may be amended where all but one of the beneficiaries approves and the trust as amended, but only makes the trust more advantages to the beneficiaries.
Held. No. The trust may not be amended where the proposed amendment would only be more advantageous to the beneficiaries. Here the proposed amendment would allow the trust to continue only as a secondary supplement to the current income and benefits that the beneficiary receives from public assistance.
Discussion. Here the modification only benefited the other beneficiaries. Even though the handicapped beneficiary would not receive less money than he was currently receiving through public assistance, the other beneficiaries would receive more money from the trust.