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IN THE MATTER OF GOETZ

8 Misc.3d 200 (2005)

793 N.Y.S.2d 318

In the Matter of ROBERT H. GOETZ.

Surrogate's Court, Westchester County.

March 31, 2005.

Attorney(s) appearing for the Case

Gersen, Blakeman & Ackert LLP, New York City (Stanley M. Ackert III of counsel), for petitioner.

McCarthy, Fingar, Donovan, Drazen & Smith, LLP, White Plains (Gail M. Boggio of counsel), for respondent.

OPINION OF THE COURT

ANTHONY A. SCARPINO, JR., S.

Stephen Goetz, the petitioner in this proceeding to set aside a limited power of appointment, now moves for summary judgment, contending that an attorney-in-fact may not use that authority to amend a trust created by another person and confer upon herself a limited power of appointment over the trust remainder. Sylvia Perle (respondent) is the successor executor...

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