Summary
In Matter of Flyer (28 NY2d 579), the will created a trust for the testator's second wife. It provided that the income should be used for his widow's benefit and that, "if such income be insufficient to pay or use from principal sufficient moneys to provide for Elsie's support and maintenance, in the sole, absolute and uncontrolled discretion of the Trustee."
Summary of this case from In Matter of GoodmanOpinion
Submitted January 18, 1971
Decided January 21, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DOMINIC S. RINALDI, J.
I. Sidney Worthman for motion.
Robert Wilson opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. Moreover, said order involves a question of discretion of the type not reviewable by the Court of Appeals ( Pellerin v. Groveville Corp., 27 N.Y.2d 590).