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MATTER OF CARMEL

118 Misc.2d 1048 (1983)

In the Matter of The Estate of Abraham Carmel, Deceased.

Surrogate's Court, Westchester County.

April 13, 1983

Attorney(s) appearing for the Case

A. Walter Socolow for petitioners. Jules Ornstein for objectants. Albert J. Emanuelli, guardian ad litem.

EVANS V. BREWSTER, S.

In this intermediate trustees' accounting, the court is requested to determine whether decedent's widow effectively exercised the power of appointment given under the marital trust created by article SEVENTH of the will.

Decedent died on June 4, 1962 leaving a will dated June 21, 1961 which was duly admitted to probate. Under article SEVENTH, a marital trust was created which provided that the entire net income shall be paid...

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