§ 7-1.6 Application of principal to income beneficiary\n (a) Notwithstanding any contrary provision of law, the court having\njurisdiction of an express trust, heretofore created or declared, to\nreceive the income from property and apply it to the use of or pay it to\nany person, unless otherwise provided in the disposing instrument, may\nin its discretion make an allowance from principal to any income\nbeneficiary whose support or education is not sufficiently provided for,\nto the extent that such beneficiary is indefeasibly entitled to the\nprincipal of the trust or any part thereof or, in case the income\nbeneficiary is not entitled to the principal of the trust or any part\nthereof, to the extent that all persons beneficially interested in the\ntrust are adult and competent and consent thereto in writing; provided\nthat the court, after a hearing on notice to all those beneficially\ninterested in the trust in such manner as the court may direct, is\nsatisfied that the original purpose of the creator of the trust cannot\nbe carried out and that such allowance effectuates the intention of the\ncreator.\n (b) Notwithstanding any contrary provision of law, the court having\njurisdiction of an express trust, hereafter created or declared, to\nreceive income from property and apply it to the use of or pay it to any\nperson, unless otherwise provided in the disposing instrument, may in\nits discretion make an allowance from principal to any income\nbeneficiary whose support or education is not sufficiently provided for,\nwhether or not such person is entitled to the principal of the trust or\nany part thereof; provided that the court, after a hearing on notice to\nall those beneficially interested in the trust in such manner as the\ncourt may direct, is satisfied that the original purpose of the creator\nof the trust cannot be carried out and that such allowance effectuates\nthe intention of the creator.\n (c) In the event that an income beneficiary to whom an allowance is\nmade, as provided in this section, is or becomes entitled to a share of\nthe principal of the trust, such allowance, without interest thereon,\nshall be a charge upon such share.\n (d) If the application or the possibility of the application of this\nsection to any trust would reduce or eliminate a charitable deduction\notherwise available to any person or entity under the income tax, gift\ntax or estate tax provisions of the internal revenue code, the\nprovisions of this section shall not apply to such trust.\n (e) A supplemental needs trust which conforms to the provisions of\n7-1.12 of this article shall be construed in accordance with the\nprovisions of that section.\n
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