In re the Estate of Fuchs

Joseph A. Cox, S.

The attempted appointment of testamentary guardians is ineffective because the mother of the infant is living (Domestic Relations Law, § 81), but the ineffective attempt to appoint the guardians constitutes them as donees of powers in trust (Matter of Kellogg, 187 N. Y. 355; Matter of Biederman, 186 Misc. 625; Matter of Thomas, 120 N. Y. S. 2d 844). Their powers are limited to the property passing under the will of this testator. (Matter of Biederman, supra.) They have, within such limits, all of the powers and authority, and they are subject to all of the duties and…