Legal Opinion
In re the Estate of McMurtry
New York Surrogate's Court
Decided May 25, 1962PublishedCited by 4 opinions
1Opinion of the Court
Joseph A. Cox, S.
The testator’s will created a trust for the benefit of his son George G. McMurtry, Jr., to whom the testator granted a general power of appointment. The donee of the power was a resident of Maine and in his will, which was admitted to probate in Maine, he attempted to exercise the power by a direction that the trust fund be continued in further trust for the life of his daughter. The fact that this daughter was not born until 20 years after the death of the donor of the power invalidates this attempted exercise of the power.
In determining Avhether a power of appointment has…
2Cases cited3 opinions
- In Re the Accounting of OsborneNew York Court of Appeals · 1913
- Fargo v. . SquiersNew York Court of Appeals · 1897
- Chase National Bank v. Central Hanover Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1943
3Cited by4 opinions
- In re the Estate of McMurtryNew York Surrogate's Court · 1971
- In re the Accounting of Irving Trust CompanyNew York Supreme Court · 1985
- In re the Estate of PrattNew York Surrogate's Court · 1978
- In re the Estate of DickermanNew York Surrogate's Court · 1965