Schede Estate

Opinion by

Mr. Chief Justice Bell,

The question involved in this appeal is whether Lucille Schede Brooks validly and effectively exercised the special power of appointment given her by Albert W. Schede, her first husband.

Schede died June 1, 1957 leaving a last Will dated April 11, 1953. In his Will he created two trusts which were primarily for the benefit of his wife Lucille, — one a so-called marital deduction trust and the other a residuary trust. This appeal involves only “the marital deduction trust.” In this trust, testator gave Lucille all of the net income for her life and the right and…