In re the Accounting of Luquer

McGarey, S.

Testator died June 13, 1914, and his will was probated on July 2, 1914. Under it he bequeathed to his daughter for life the income of a trust, with power to dispose of the remainder by her will to her children then surviving, and in default of such exercise, in effect, to her issue per stirpes.

The donee died testate in California, on August 24, 1948, and her will was there admitted to probate on November 8, 1948, after notice to her children and to her four grandchildren, the children of a daughter who survived the testator but predeceased the donee. The donee exercised her power…