In re the Estate of Bearns

Foley, S.

In this trustee’s final accounting a construction of the will is asked to determine the disposition to be made of the remainder of the trust which terminated on November 16, 1943, by reason of the death of Valentine Tournier, the life income beneficiary.

The testatrix died on September 26, 1924. Under the will of her father, Joseph H. Beams, the testatrix had the right by will to appoint the remainder of a trust fund of which she was life income beneficiary. By the first paragraph of her will, the testatrix specifically refers to the power of appointment and declares that it is her…