Benjamin v. Morgan Guaranty Trust Co.

OPINION OF THE COURT

Ernest L. Signorelli, S.

In this contested action to, inter alla, invalidate the exercise of a power of appointment, a motion has been made by one of the intervenors for summary judgment dismissing the said action. The plaintiffs oppose the instant motion.

Decedent died on February 22, 1967 leaving a will that was admitted to probate on March 13, 1967. Pursuant to the provisions of article Thirteenth (a) of his will, the decedent devised and bequeathed one half of his residuary estate in trust (marital trust), with the net income therefrom payable to his spouse, during her…