In re the Estate of French

Foley, S.

The testator by the 7th paragraph of his will created a trust for the benefit of his son, Charles T. French. The *446life beneficiary was also given a power of appointment over the remainder in the event of his death without issue, as follows: “ * * * to distribute and pay over said two parts or shares to such of my lawful issue as my said son Charles may, by his last will and testament, or any instrument of appointment, direct and appoint. * * * ”

The petition and supporting affidavit are uncontroverted by answer or otherwise. The facts therein alleged must be taken as true. Surrogate’s…