First National Bank of McMinn County v. Walker

BROCK, Chief Justice.

Charles Miller died on March 17, 1975, leaving an estate of approximately $800,-000.00 which by his last will and testament, dated October 4, 1972, was divided into two trusts, a “marital deduction” trust and a residuary trust. His wife, Allie Bess Walker Miller, was made the lifetime beneficiary of the marital deduction trust and was given a power of appointment over the corpus thereof. However, this power of appointment was limited by the following language:

“Such power of appointment shall be exercisable by my said wife exclusively and in all events but shall be…