In re the Estate of Toerge

OPINION OF THE COURT

John D. Bennett, J.

This is an application by a corporate fiduciary for permission to resign as the donee of a power in trust for Nicholas Toerge, II, an infant, the revocation of its letters as such donee, and for the appointment by the infant’s mother in its place instead of a successor donee of a power in trust.

At the outset it should be noted that since its revision, article 5 of the Real Property Law dealing with powers is now EPTL article 10; the former power in trust is now denominated a donee of "a power during minority to manage property vested in an infant” (EPTL…