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MATTER OF SHEEDY

20 Misc.2d 900 (1959)

In the Matter of The Estate of Bryan D. Sheedy, Deceased.

Surrogate's Court, New York County.

July 22, 1959.

Attorney(s) appearing for the Case

Philip G. Reilly for Guaranty Trust Company of New York, as surviving trustee, petitioner.

Morris & McVeigh (Francis A. Booth of counsel), for Edmund T. Sheedy and another, respondents.

William T. Griffin, as special guardian for Eleanor S. Hamrie and others, infants, respondent.

Louis A. Crisona, as special guardian for Laurelle Sheedy and others, infants, respondent.

S. SAMUEL DI FALCO, S.

In this final account of the surviving trustee, the preliminary issue relates to the appointment of the trust remainder by the now deceased income beneficiary. More specifically, the question is whether she had the power and authority to appoint the remainder in further trust or was limited to an outright and absolute appointment to the specified class of appointees. If the donor's will...

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