In re the Appraisal Under the Acts in Relation to Taxable Transfers of Property of the Estate of Chapman

Ketcham, S.

The executors appeal from the decision of the transfer tax appraiser, by which a trust fund created by the *60will of John Davol for the benefit of his daughter, the decedent in this case, has been taxed, upon a finding that the same passes to the decedent’s children by means of an appointment contained in her will.

By the father’s will the fund, left in trust to the daughter for life, was at her death to go to such persons as she might lawfully appoint to receive it. But the will further provided as follows:

“ If such daughter shall fail to lawfully exercise said power of disposition…