In re the Estate of Duncan

Joseph A. Cox, S.

In its prior decision in this proceeding (28 Mise 2d 730), the court held that the power of appointment conferred upon her under the will of the testator was lawfully exercised by the donee in her appointment of one third of the principal to her son and the balance to more remote descendants. A group of individuals to whom the son had assigned successive “undivided interests ” in particular amounts “in a first and prior interest of $200,000 in and to the principal of said trust ’ ’ has sought a ruling as to the manner and sequence of payment of the assignments since their…