In re the Final Accounting of Morgan Guaranty Trust Co.

This is an appeal from an order which settled an inter vivos trust account and determined that a power of appointment reserved in the trust indenture had been properly exercised and a valid disposition made of the corpus of the trust by will.

In 1917, Dagmar Bauer, hereinafter called the settlor, a resident of New York, executed an irrevocable trust indenture. The trust provided that she was to receive a life income and the remainder to her husband. In the event her husband predeceased her the principal was to be distributed “to such person or persons as the Settlor may by her last will and…