In re Franklin Trust Co.

Ketcham, S.

All the parties justly concede that the testatrix, who was the donee of a power of appoint*144ment contained in her husband’s will, did exercise that power by a will which disposed of her whole estate without mention of the power or of the estate which was the subject thereof.

It remains only to determine to whom the fund was appointed, whether to beneficiaries personally, who should take directly from the older estate, or to the executors of the later estate for the purpose of application to the legacies which they were directed to pay.

Examination of the will of the donee of the power,…