In re the Estate of Sheedy

S. Samuel Di Falco, S.

In this final account of the surviving trustee, the preliminary issue relates to the appointment of the trust remainder by the now deceased income beneficiary. More specifically, the question is whether she had the power and authority to appoint the remainder in further trust or was limited to an outright and absolute appointment to the specified class of appointees. If the donor’s will be construed to grant the donee authority to appoint in further trust, a question will arise as to the extent to which the appointment is effective, because certain of the trusts created…