In re the Estate of Levine

In this construction proceeding the decedent under the terms of his will provided for a marital trust and granted to his wife a general power of appointment. Paragraph Fourth of the will provided that in the event of a default in exercising said power of appointment by the decedent’s wife, the principal of the marital trust would be divided into three trusts, for each of his three children with each of them having a power of appointment.

Under subdivision e of paragraph Eighth he provides: “ If my wife shall die after the probate of this Will her power of appointment hereunder shall be…