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MATTER OF DAVIDOVICH v. HOPPENSTEIN

Nos. 2918/15A-6894, 6893, 6892.

162 A.D.3d 512 (2018)

79 N.Y.S.3d 133

2018 NY Slip Op 04442

In the Matter of Nathan Davidovich et al., Respondents, v. Cheryl Lynne Hoppenstein et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 14, 2018.

Estates, Powers and Trusts Law § 10-6.6 (k) states, "This section shall not be construed to abridge the right of any trustee to appoint property in further trust that arises ... under common law." Under the common law, a trustee with an absolute power to invade principal was "able to exercise that power by appointing in further trust" unless the creator of the trust indicated otherwise (Matter of Mayer, 176 Misc.2d 562,...

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