(a) The attempted grant to an executor, testamentary trustee, or inter
vivos trustee, or  his  or  her  successor,  of  any  of  the  following
enumerated powers or immunities is contrary to public policy:
  (1)  The  exoneration  of such fiduciary from liability for failure to
exercise reasonable care, diligence and prudence.
  (2) The power to make a binding and conclusive fixation of  the  value
of any asset for purposes of distribution, allocation or otherwise.
  (b)  The attempted grant in any will or trust of any power or immunity
in contravention of the terms of this section shall be  void  but  shall
not  be  deemed to render such will or trust invalid as a whole, and the
remaining terms of the instrument shall,  so  far  as  possible,  remain
effective.
  (c)  Any  person  interested  in  an  estate  or trust may contest the
validity of any purported grant of any  power  or  immunity  within  the
purview  of  this section without diminishing or affecting adversely his
or her interest in the estate or trust any  provision  in  any  will  or
trust to the contrary notwithstanding.
Structure New York Laws
EPT - Estates, Powers and Trusts
Part 1 - Fiduciaries: Powers, Duties and Limitations
11-1.2 - Tax Elections by Personal Representatives
11-1.3 - Power and Duty of Executor Before Probate
11-1.5 - Payment of Testamentary Dispositions or Distributive Shares
11-1.6 - Property Held as Fiduciary to Be Kept Separate
11-1.7 - Limitations on Powers and Immunities of Executors and Testamentary Trustees
11-1.9 - Power of Fiduciary or Custodian to Deposit Securities in a Central Depository
11-1.10 - Power of Fiduciary to Employ a Broker-Dealer as Custodian
11-1.11 - Limited Power of Fiduciary to Amend Trust for Certain Tax Purposes.