Surrogate’s Court, New York County
598 N.Y.S.2d 668 (1993)
The will of Dina Block, a New York resident, established a trust for the benefit of her son Paul and Paul’s two sons, Allan and John. The will gave Paul a limited power to appoint any trust principal remaining at his death between Allan and John. Allan and John’s half-brother, Cyrus, was not a permitted appointee. Paul, a resident of Ohio, executed a will that did not to refer to his power of appointment under Dina’s will, and divided his estate between Allan, John, and Cyrus. Following Paul’s death, the trustees (plaintiffs) brought an action to determine whether Paul had validly exercised his power of appointment when he disposed of his estate, even though he had not referred to the power of appointment, and had exercised the power in partial violation of the limitation on the power of appointment.
Rule of Law
Holding and Reasoning (Preminger, S.)
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