MATTER OF SMITH


79 Misc.2d 105 (1974)

In the Matter of The Estate of Bernard H. Smith, Deceased.

Surrogate's Court, Kings County.

September 9, 1974


Attorney(s) appearing for the Case

Fulton, Walter & Duncombe for petitioner. Edward B. Bermas, guardian ad litem.


NATHAN R. SOBEL, S.

At issue in this proceeding is the right of the trustees of the estate of the donor of a power of appointment to commissions (SCPA 2308) for paying out the appointive property to trustees appointed under the will of the donee of such power.

Testator Bernard H. Smith died in 1952. His will admitted to probate in this court created out of his residuary estate a marital deduction trust for his wife Lilla — one coupled with...

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