Estate of William Zentmayer, Deceased, the First Pennsylvania Banking and Trust Company v. Commissioner of Internal Revenue

I agree with the majority’s statement that “This case turns entirely upon whether it was this testator’s intention to restrict the power of invasion to providing money needed to maintain his sister in her accustomed manner of living”, but disagree with its conclusion that the testator did not have such an intention.

Whether a power of invasion will disqualify the remainder interest for purposes of the charitable deduction depends upon (1) the “terms of the power”, and (2) “the proper construction to be placed thereon by the law of the state which would have jurisdiction to construe the will or…