In re the Estate of Brown

We hold that the proscription of EPTL 10-5.3 renders unenforceable the agreement made by this decedent to exercise two general testamentary powers of appointment in favor of his son.

The decedent was the donee of two separate powers of appointment— one over the assets of a trust under his mother’s 1925 will, the other over the assets of an inter vivas trust he himself had created in 1927. Incident to the resolution of family dif- ■ ferences, in 1944 he agreed to exercise his powers in part in favor of his son, James, respondent herein, and at the same time executed a will making appointments…