Legal Opinion
In re the Estate of Block
New York Surrogate's Court
Decided April 19, 1993Published
1Opinion of the Court
OPINION OF THE COURT
Eve Preminger, S.
As an incident to the judicial settlement of two intermediate accounts, the trustees ask the court to determine whether and to what extent a limited testamentary power of appointment was effectively exercised by decedent’s son.
Decedent, Dina W. Block, died in 1981, a domiciliary of New York. Her will established a trust of one half of her residuary estate for the benefit of her son Paul, Jr. and his twin sons, Allan and John. The trust terminated upon Paul, Jr.’s death and he was given a limited power to appoint the trust principal by will "unto and among”…
2Cases cited13 opinions
- Lockwood v. . MildebergerNew York Court of Appeals · 1899
- Hirsch v. BuckiAppellate Division of the Supreme Court of the State of New York · 1914
- Chase National Bank v. Chicago Title & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Guaranty Trust Co. v. HalstedNew York Court of Appeals · 1927
- In re the Final Accounting of Morgan Guaranty Trust Co.New York Court of Appeals · 1971
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