In re the Estate of Kraetzer

Wingate, S.

Since it is firmly established in the law that a document purporting to exercise a power of appointment is to be read into and construed with the document granting the power (Matter of Terwilligar, 135 Misc. 170, 174; affd., 230 App. Div. 763; Matter of Davison, 137 Misc. 852, 858; affd., 236 App. Div. 684; Matter of Wickham, 139 Misc. 729, 731; Matter of Harbeck, 142 id. 57, 59), it follows that the devolution of the property in the inter vivos trust is determinable by a construction of that document into which must be read the pertinent testamentary directions of the donee of the…