N.Y. Est. Powers & Trusts Law § 3-3.9

§ 3-3.9 Testamentary direction to purchase annuities\n If a testator directs in his will the purchase of an annuity, the\nbeneficiaries to whom the income thereof is to be paid may not elect to\ntake the capital sum directed to be used for the purchase of such\nannuity in lieu thereof, unless the will expressly confers such right or\nexcept as the will expressly provides for the purchase of an assignable\nannuity. But nothing contained herein shall impair the right of\nelection by a surviving spouse under 5-1.1 or 5-1.1-A.\n