MATTER OF LATIMER


19 A.D.2d 270 (1963)

In the Matter of The Estate of Mary Latimer, Deceased. Young Women's Christian Association of Brooklyn, Appellant; Manufacturers Trust Company, as Successor Trustee under The Will of Mary Latimer, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 1, 1963.


Attorney(s) appearing for the Case

Christy, Perkins & Christy (Francis T. Christy and Gideon Cashman of counsel), for appellant.

Raymond A. McCourt for Florence Skillen, respondent.

Humes, Smith & Andrews (George W. Saam of counsel), for Helen M. Stevenson, respondent.

UGHETTA, Acting P. J., BRENNAN, HILL and HOPKINS, JJ., concur.


CHRIST, J.

By paragraph "Eighth" of the will of Mary Latimer, deceased, the testatrix created a trust for the lifetime of Mary Farrell; and in the same paragraph the latter was given a power of appointment to dispose of the principal of the trust by her own will.

The questions presented on this appeal are whether Mary Farrell exercised the power and, if she did, whether her appointment was to the respondents...

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