In re the Estate of Duryea

Delehanty, S.

In 1923 deceased created by indenture a trust for the benefit of her sister, Lisa Winchester Sandford, and reserved the power to appoint by will the persons who would take the corpus of the trust fund. The grantor died in 1927. By a codicil to her will she gave to her sister “ the power to appoint by will the disposition of the corpus of said trust fund ” and provided that should the sister fail to appoint the fund it would pass to the children of the income beneficiary.

In her will deceased further provided:

“ Ninth. I direct that all transfer inheritance and estate taxes be paid…