Steuteville v. Fosnot

The question involved in this appeal is whether or not there has been an exercise of a power, of appointment incorporated in an original will by reason of the subsequent execution of a will by the person to whom was given the power of appointment. A successor trustee, under the original will, presented to the trial court a petition for construction of the two wills and asked direction as to the disposition of the property held by him. The trial court held that there had been an exercise of the power of appointment and further held that the-property passed as directed by the second will. The…