Matter of Ramdin

11 A.D.3d 698 (2004)

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Matter of Ramdin

New York Supreme Court, Appellate Division
11 A.D.3d 698 (2004)

Facts

Sidney Ramdin’s will included a provision stating that his sisters, Bhanmattie Hulasiya (defendant) and Rajmattie Jailall, had absolute joint discretion to distribute Ramdin’s interest in certain real property to whomever the sisters jointly deemed fit. After Ramdin’s death, his two sons (plaintiffs) filed a petition in the New York Surrogate Court, asking the court to construe the provision and determine its validity. The court referred the matter to a referee and then affirmed the referee’s report, which concluded that the will provision was defective and failed to confer a valid power of appointment to Hulasiya and Jailall. Hulasiya, who was also the executrix of Ramdin’s estate, appealed.

Rule of Law

Issue

Holding and Reasoning ()

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