In re the Estate of Barbey

Joseph A. Cox, S.

The testator, a resident of this State, died in 1906 leaving a will which created separate trusts for two of his daughters and granted to each daughter a limited power to appoint the principal of her trust. The daughters both died in 1959 and each exercised the power. They were residents of France at their deaths. The trustees under the testator’s will moved to exempt the testator’s estate from a transfer tax upon the trust remainders which passed pursuant to the exercise of the respective powers of appointment.

The law applicable in 1906, the year of the testator’s death,…