St. Matthews Bank v. De Charette

Opinion of the Court by

Stanley, Commissioner

Affirming.

The issues to be decided on this appeal are: (1) Whether a power of testamentary appointment is special or general: (2) if general, whether this court should, hold, as do the majority of courts, that the act of executing a general power ipso facto requires a court of equity to seize the property and subject it to the payment of. the debts of the donee if his estate is insufficient and. thereby deprive the appointee of his bounty.

The codicil of Mrs. Betty Me'riwether which forms the basis of this litigation is copied in full in De Charette…