MATTER OF MAYER


176 Misc.2d 562 (1998)

672 N.Y.S.2d 998

In the Matter of The Estate of Gerald Mayer, Deceased.

Surrogate's Court, New York County.

April 7, 1998.


Attorney(s) appearing for the Case

Seaman & Ashley, New York City (Elizabeth E. Clark of counsel), for Gerald M. Mayer, Jr., and another, petitioners.


EVE PREMINGER, S.

This is an unopposed petition, brought by the trustees of the trust established under the will of Gerald Mayer, seeking approval of an appointment of a portion of the trust to a separate trust pursuant to EPTL 10-6.6 (b). The novel question presented here is whether "sole and absolute discretion" to invade which is limited by invasions for certain purposes constitutes "absolute" discretion...

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