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MATTER OF FUCHS

10 Misc.2d 997 (1957)

In the Matter of The Estate of Aaron Fuchs, Deceased.

Surrogate's Court, New York County.

December 20, 1957.

Attorney(s) appearing for the Case

John M. Lewis and Alan E. Bandler for Louis H. Fuchs and another, as executors, petitioners.

Carson Dewitt Baker, as special guardian for Edward S. Fuchs, infant, respondent.

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...

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