In re the Estate of Kelly

Slates, S.

The decedent’s will, by article ninth (c), created a trust for his daughter, Irene E. McCollom, and gave her a general power of appointment over the fund. She died leaving a will probated in Kings county, in which no reference was made to the power so to appoint. She created trusts of her residuary estate for her four children, directing that, in case of the death of a child before thirty-five, without issue, the fund held for such child should be subdivided and added to the trusts for the other children.

In addition to the trust for Mrs. McCollom under article ninth (c), a part of…