Schwartz v. BayBank Merrimack Valley, N.A.

This case involves a testamentary power of appointment, the terms of which called for its exercise by specific reference to the power in the donee’s will. A judge of a Probate Court concluded, after trial, that the power had not been exercised by the residuary clause of the donee’s will which neither referred to the power nor purported to exercise any power of appointment. We conclude that the judge’s decision was correct and affirm his judgment.

The facts are drawn from the judge’s findings. On April 1, 1957, Mary F. Cox executed a will which provided that the residue of her estate be held in…