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  5. 33 N.Y.2d 211 (1973)
 

MATTER OF BROWN

33 N.Y.2d 211 (1973)

In the Matter of The Estate of Murray L. Brown, Deceased. James L. Brown, Respondent; Manufacturers Hanover Trust Company, as Executor of Murray L. Brown, Deceased, Appellant.

Court of Appeals of the State of New York.

Decided December 28, 1973.

Attorney(s) appearing for the Case

Richard J. Concannon and Thomas R. Cosgrove for appellant.

Henry A. Spelman for respondent.

Chief Judge FULD and Judges BREITEL and JASEN concur with Judge JONES; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judges BURKE and WACHTLER concur.

JONES, J.

We hold that the proscription of EPTL 10-5.3 renders unenforceable the agreement made by this decedent to exercise two general testamentary powers of appointment in favor of his son.

The decedent was the donee of two separate powers of appointment — one over the assets of a trust under his mother's 1925 will, the other over the assets of an inter vivos trust he himself had created...

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