In re the Estate of Lynn

Foley, S.

The question of construction presented in this accounting proceeding is whether the power of appointment given by the testator to his son, Edgar Allan Lynn, in the eighth paragraph of his will was exercised by the general residuary clause of the donee’s will, or whether it was exercised by the provisions for the preliminary pecuniary legacies and by the trust provisions preceding the residuary clause. In the event that the latter alternative applies, the subordinate question is presented as to whether the merged individual and appointive property may be used specifically for the…