In re the Estate of Stevenson

S. Samuel Di Palco, S.

In this construction proceeding, a determination is requested that the power of appointment granted to testatrix’ sister, Johanna Marie McKenna, by article fifth, paragraph E of the will of the testatrix, Julia McKenna Stevenson, permits its exercise at this time to the extent of $200,000 in favor of James V. O’Brien, a nephew of the testatrix.

Testatrix died in 1964. Under article fifth of the will, the entire residue is left in trust with the petitioner as trustee, *620to be held until the death of the sister. During her lifetime she is entitled to receive the first $10,000…