Estate of Stewart

I respectfully dissent. I would agree with the court below that the term “handle” was intended to be a “word of administration” rather than a “word of disposition” and, therefore, that appellant was not given a general power of appointment. Initially, I note that:

“It is, of course, a cardinal rule that a will, is to be construed according to the intent of the testator.” To ascertain this intent, a court examines the words of the instrument and, if necessary, the scheme of distribution, the circumstances surrounding execution of the will and other facts bearing on the question. Should the…