Equitable Trust Co. v. James

Seitz, Vice-Chancellor:

I am called upon to decide whether a power of appointment was validly exercised by an appointment in trust.

Complainant, Equitable Trust Company, in its capacity as successor trustee under the will of Elizabeth B. McComb, and as trustee under the will of her son, James C. McComb, filed a bill for the construction of Elizabeth’s will. The problem of construction involves Item 3 of the will of Elizabeth B. McComb, and Items 4 and 5 of the will of James C. McComb.

Item 3 of the will of Elizabeth B. McComb provides:

“Item 3. I give, devise and bequeath unto my daughter Martha…