Lydia Mannara's deathbed will, written by a visiting attorney friend, grants power of attorney to another friend, Christodoulas Pelaghias, and designates him as executor. It bequeaths all assets to two nephews in trust for their education. The petitioner, the nephews' father and only distributee, argues for two residuary trusts with him and another person as trustees, discretionary payments, and early termination for beneficiaries. The guardian ad litem argues against a trust and for direct bequests to the nephews. The relevant facts are the will's language and the testator's intent.
In re the Estate Mannara (2004)
New York Surrogate's Court
5 Misc. 3d 556, 785 N.Y.S.2d 274
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