In re Kaskel

*204OPINION OF THE COURT

Renee R. Roth, S.

The cotrustee of 21 family inter vivas trusts seeks permission to terminate such trusts and create substantially identical new ones pursuant to a recently enacted statute, EPTL 10-6.6 (b) (2) (L 1992, ch 591, eff July 24, 1992), which provides that under certain circumstances the court may authorize a fiduciary to place assets in a different trust instead of distributing them directly to the beneficiary.

Although the above-mentioned statute was intended to confirm the authority of a New York trustee to exercise an invasion power in further trust for…