Estate of Thorndike

Opinion

DEAL, J. *

Appellant, Edith Jewell Thorndike, as executrix of the will of Charles Thorndike, deceased, has appealed from an order fixing inheritance tax.

The issue on appeal is whether the decedent-donee’s appointment to his daughter, Mary Elaine Ware (a taker in default), of a lesser interest than she would have received in default of appointment is legally effective as an “exercise” of the limited power and therefore taxable to the taker as a transfer from decedent-donee. The court determined that the “exercise” of the limited power of appointment was complete and was taxable pursuant…