MATTER OF THIBAUT


8 Misc.2d 1073 (1957)

In the Matter of The Estate of Josephine A. Thibaut, Deceased.

Surrogate's Court, New York County.

June 17, 1957.


Attorney(s) appearing for the Case

Joseph H. Kohan for Natalie J. Thibaut and others, as executors, petitioners.

Edwin N. Moore for Edward R. Bartlett and another, individually and as executors and trustees of Magdalen T. Bartlett, deceased, respondents.


JOSEPH A. COX, S.

The seventh article of the decedent's will granted a special power to her children to appoint the remainder of the trust therein created. The power of appointment granted to one of the daughters of the testatrix lapsed upon her death during the lifetime of the testatrix (Matter of Fowles, 222 N.Y. 222) and the share of the trust remainder to which this daughter would have been entitled had she survived the trust term became payable...

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