De Pass v. the Kansas Masonic Home Corp.

This case involves the following question: Where a testatrix, who owns certain valuable personal property of her own, and who holds the power under her deceased husband’s will to dispose of all of his estate, both real and personal, by sale or by will, as she may see fit, executes a' will in which she makes no reference to the power nor to the property which is the subject of the power, but bequeaths in general terms “all my estate, both real and personal” to'a named devisee, does this bequest constitute an execution of the power appointed to her in her deceased husband’s will, so as to vest,…