Estate of duPont

OPINION OF THE COURT

ROBERTS, Justice.

Philip F. duPont died testate in 1928, leaving one-third of the residue of his estate to the Fidelity-Philadelphia Trust Company in trust for the benefit of his daughter, Mrs. Frances duPont Rust. In his will, Mr. duPont created in Mrs. Rust a special testamentary power of appointment over the one-third share of the residue. The will provides that Fidelity-Philadelphia is

“upon her death to transfer, assign, and pay over the principal of her share of [Mr. duPont’s] residuary estate unto such of her children and issue of deceased children, and in such…