The First National Bank of Chicago, and Frank J. Kelly and Helen H. Hexter v. John A. Ettlinger

CUMMINGS, Circuit Judge.

In 1922, Mr. and Mrs. John D. Hertz, Illinois domiciliaries, established two trusts for thé benefit of their son, John D. Hertz, Jr. (“Hertz”). Each trust gave Hertz general testamentary powers of appointment over the corpus of the trusts. He died testate and domiciled in Florida on May 9, 1968. His last will, executed in 1965, contained a residuary clause providing in part:

“All the rest, residue and remainder of my property of whatever kind and wherever situated (herein referred to as my ‘residuary estate’), after the payment therefrom of the obligations directed to…