In re the Estate of Brown

The learned Surrogate in the decree under review

and in a comprehensive opinion (Matter of Brown, 68 Misc 2d 986) approved the rejection by the executor of .the claims of the objectant-appellant and dismissed the latter’s objections to the account. We disagree, in part, with that determination.

The objector-appellant, James L. Brown, is the only child of the testator’s marriage to Muriel Brown (Muriel). He was born on January 29, 1934. The testator was then the donee of a testamentary power of appointment in each of two trusts. The first power of appointment was created under the will of his…