In re Harris

Van- Voorhis, J. (dissenting in part).

The retroactive commutation of the annuity belonging to decedent’s second husband is contrary to law, in my opinion, and deprives him of property without due process of law in violation of the Federal and State Constitutions. It has previously been held that by means of an inter vivos trust and the exercise by will of a reserved power of appointment, the late Jean Ferris d’Espinay established a valid annuity of $25,000 for the benefit of her husband, commencing upon her death September 19, 1941. The estate of Mrs. d ’Espinay has been involved in…