New York Laws
Part 3 - Rules Governing Testamentary Dispositions
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.

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