In re the Estate of Buckley

Joseph A. Cox, S.

The testator bequeathed a portion of his estate in trust for the benefit of his widow and granted to her a general testamentary power to appoint the trust principal. The widow died, domiciled in Missouri, and exercised the power by a direction that the fund be continued in further trusts. Under Missouri law the trust principal so appointed was includible in the computation of Missouri inheritance tax payable by the estate of the donee of the power. The widow’s estate is said to be inadequate to pay the entire tax assessed against it and question has been presented as to the…