In re the Estate of Hamilton

— Crew III, J. Appeal from a decree of the Surrogate’s Court of Albany County (Marinelli, S.), entered December 13, 1991, which, inter alia, adjudged that Anita G. Hamilton failed to exercise in her last will and testament the general power of appointment which was granted to her by the last will and testament of decedent.

On February 26, 1989 Milton W. Hamilton (hereinafter decedent) died, survived by his spouse, Anita G. Hamilton (hereinafter Hamilton), his daughters, respondents Mary H. McLaughlin, Gwendolyn H. Stevens, and his stepson, respondent John H. Ricketson. Paragraph fourth of…