MATTER OF McMURTRY


35 Misc.2d 560 (1962)

In the Matter of The Estate of George G. McMurtry, Deceased.

Surrogate's Court, New York County.

May 25, 1962


Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett for Chase Manhattan Bank, as trustee, petitioner. Hawkins, Delafield & Wood for Teresa F. McMurtry, respondent. Herbert P. Carter for Louise H. McMurtry, respondent. Victor Jacobs, as special guardian for Marie E. McMurtry and others, infants, respondents.


JOSEPH A. COX, S.

The testator's will created a trust for the benefit of his son George G. McMurtry, Jr., to whom the testator granted a general power of appointment. The donee of the power was a resident of Maine and in his will, which was admitted to probate in Maine, he attempted to exercise the power by a direction that the trust fund be continued in further trust for the life of his daughter. The fact that...

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