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MATTER OF NELSON

59 A.D.2d 741 (1977)

In the Matter of The Estate of Virginia S. Nelson, Deceased. Sally King et al., as Executors of Virginia S. Nelson, Deceased, Respondents; Willard P. Nelson, Appellant

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

October 17, 1977

Decree affirmed, without costs or disbursements, on the opinion of Surrogate Brewster.

We wish to note further that the discretionary power granted to the executor pursuant to paragraph Fourth (b) of the will does not mandate a different result. That paragraph, which gives the executor power to withhold income in the event that "any part of my [the decedent's] estate shall vest in absolute ownership in any minor or any person...

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