MARGESSON v. BANK OF NEW YORK


291 A.D.2d 694 (2002)

738 N.Y.S.2d 411

FRANCIS MARGESSON et al., Appellants, v. BANK OF NEW YORK, Respondent.

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

Decided February 21, 2002.


Peters, J.

Plaintiff Francis Margesson (hereinafter plaintiff) has a life interest with a limited power of appointment in an inter vivos trust created by his mother, France Leggett, in 1950. Pursuant to the trust instrument, plaintiff is entitled to receive installment payments of the net income of the trust, as well as invasions of principal, as the trustee deems advisable. The trust agreement further empowers plaintiff to appoint trustees, when necessary, who are...

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