In re the Estate of O'Rourke

OPINION OF THE COURT

C. Raymond Radigan, J.

In this proceeding, the court has imposed a constructive trust on the remainder of the Article fifth marital deduction trust on the ground that the now deceased surviving spouse of the decedent, Blanche O’Rourke, who died a resident of California, contrary to her agreement not to do so, exercised her general power of appointment over the Article fifth remainder for the *657benefit of her descendants rather than permit them to be distributed in default of such exercise for the benefit of decedent’s descendants by a prior marriage (Matter of O’Rourke, Sur…