In re the Accounting of City Bank Farmers Trust Co.

In a proceeding in the Surrogate’s Court, Suffolk County, for settlement of a fiduciary’s account and for construction (1) of a will granting a power of appointment, (2) of a will of the donee purporting to exercise the power, and (3) of a partial release of the power executed by the donee, it appears that the donee’s will, which was duly admitted to probate in the State of Connecticut, bequeaths the property subject to the power one half absolutely and one half in trust. The decree provides, on the authority of Matter of Kennedy (279 N. Y. 255), that the bequest of one half the property *972in…