In re Will

Andrews, Chief Referee.

This case presents an important and interesting question. Is the otherwise valid exercise of a general testamentary power of appointment in favor of a charitable corporation rendered invalid by reason of the fact that the donor of the power died within a year of the execution of his will, leaving.a son?

The question has never been decided in Ohio, and diligent search by counsel and court has failed to disclose a case in point from any other jurisdiction in the United States, though there is always the chance that such a case may be lurking somewhere.

The action arises…