Field's Estate

Hunter, J.,

Testator gave an annuity of $600 to his wife and at her death a similar annuity to his daughter, and the income in excess of the wife’s annuity to the wife and daughter share and share alike.

At a prior audit an intestacy was declared as to one half of the income over and above the $600 annuity because the wife predeceased the daughter, an event for which testator failed to provide. He gave to his wife a power to appoint the estate and this likewise failed, because it was a conditional power which could be exercised only if the wife survived the daughter. Testator further directed…