Bailey v. Kennedy

The following facts are necessary to understand the question presented by this writ of error:

Morrison K. Bailey died in 1930 leaving a last will and testament designating his wife, Katherine G. Bailey, as beneficiary of a testamentary trust created by the instrument. In that will she was given the testimentary power of appointment over the trust. The will provided that in the absence of her exercise of the power of appointment by a will of her own making the trust prop erty was to be distributed to the heirs of Mr. Bailey. The plaintiffs in error are the persons entitled to distribution of…