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MATTER OF O'ROURKE

166 Misc.2d 656 (1995)

634 N.Y.S.2d 357

In the Matter of The Estate of Innis O'Rourke, Deceased.

Surrogate's Court, Nassau County.

October 17, 1995

Attorney(s) appearing for the Case

Farrell Fritz Caemmerer Cleary Barnosky & Armentano, Uniondale, for Innis O'Rourke, Jr., petitioner. Philip P. Maley, White Plains, for Fred D. Montgomery, respondent.

C. RAYMOND RADIGAN, J.

In this proceeding, the court has imposed a constructive trust on the remainder of the Article FIFTH marital deduction trust on the ground that the now deceased surviving spouse of the decedent, Blanche O'Rourke, who died a resident of California, contrary to her agreement not to do so, exercised her general power of appointment over the Article FIFTH remainder for the benefit of her...

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