N.Y. Estates, Powers & Trusts Law § 3-3.9: Testamentary direction to purchase annuities

§ 3-3.9 Testamentary direction to purchase annuities

If a testator directs in his will the purchase of an annuity, the

beneficiaries to whom the income thereof is to be paid may not elect to

take the capital sum directed to be used for the purchase of such

annuity in lieu thereof, unless the will expressly confers such right or

except as the will expressly provides for the purchase of an assignable

annuity. But nothing contained herein shall impair the right of

election by a surviving spouse under 5-1.1 or 5-1.1-A.