The request was subsequently modified and resubmitted. The Committee approved the request without adjustment and did not request additional information from the beneficiaries in making its determination. The Committee did not approve the request due to insufficient information. Trustee named beneficiaries as defendants. The trial court further held trustee did not waive its rights to consider such financial resources by its earlier actions of encroaching on the principal of the Residuary Trust without such information.
Beneficiaries raise one point on appeal.
They allege the trial court erred in finding the testator did not intend to make an absolute gift of support and the court erred in finding trustee could inquire into a beneficiary's other resources when determining the necessity of encroachment in that testator did not use language evidencing such intent. Our standard of review is that the judgment of the trial court will be sustained unless there is no substantial evidence to support it, it is against the weight of the evidence, it erroneously declares the law, or it erroneously applies the law. In construing a will, the courts will use as a guide the intent of the testator as evidenced in the language of the will read as a whole. If the former question is answered affirmatively, then the private income of the beneficiary cannot be considered. In order to make a determination in these cases, we examine the language of the will and the surrounding circumstances.