In re the Estate of Miller

OPINION OF THE COURT

Michael A. Telesca, S.

Petitioner is the daughter of the deceased and the recipient of $300 per month from a trust created under her father’s will. Her daughters, who are the trust remaindermen, oppose the mother’s application for an increase claiming that EPTL 7-1.6 (subd [b]) does not allow this court to exercise its discretion to increase an annuity and thus, the petition should be *779dismissed. They claim an annuity is a fixed amount and cannot be tampered with under the authority contained in EPTL 7-1.6 (subd [b]).

An examination of the authorities reveals this is a case…