In re the Estate of Kagan

OPINION OF THE COURT

Bertram R. Gelfand, J.

In this probate proceeding, decedent’s wife seeks, inter alia, to be appointed sole trustee pursuant to her nomination in the propounded instrument. The trust in question provides that the net income is to be applied to such extent and at such times, as the sole discretion of the trustee dictates for the benefit of one or more members of a class consisting of decedent’s wife and his descendants. It is noted that this trust does not present the problem of a merger of the wife’s legal interest as trustee and her equitable life estate as a beneficiary…