MATTER OF LEVINE


76 Misc.2d 469 (1973)

In the Matter of The Estate of Benjamin Levine, Deceased.

Surrogate's Court, Nassau County.

December 18, 1973


Attorney(s) appearing for the Case

Peter L. Jacobs, P. C., for petitioners. Harry Zankel, guardian ad litem. Herbert Rosenberg for respondents. Sidney Schutz for Yeshiva University. Philips, Nizer, Benjamin, Krim & Ballon for Florence Kram. Forsythe, McGovern & Pearson, P. C., for Miami Beach First National Bank. Louis J. Lefkowitz, Attorney-General, for ultimate charitable beneficiaries.


JOHN D. BENNETT, J.

In this construction proceeding the decedent under the terms of his will provided for a marital trust and granted to his wife a general power of appointment. Paragraph Fourth of the will provided that in the event of a default in exercising said power of appointment by the decedent's wife, the principal of the marital trust would be divided into three trusts, for each of his three children with each of them having a power of appointment...

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