Consideration of the Beneficiary’s Other Financial Resources Limited to Income

Kieslingv. Landrum, No. 2-06-0008-CV, 2007 WL 79529 (Tex. App.–Fort Worth Jan.11, 2007), involved a testamentary trust the stated primary purpose of whichwas support of the testator’s surviving spouse in her accustomed standard ofliving and which directed the trustee to make distributions of income andprincipal if the spouse’s “own income and other financial resources” were notsufficient.  The court held that the language unambiguously created asupport trust,  that the words “otherfinancial resources” refers to income and other periodic receipts and not thevalue of her assets.  The court also indicated that the spouse must submitdocumentation of her expenses and standard of living so that the trustee canproperly determine if distributions are required.