Logan v. Harris Trust & Savings Bank

JUDGE ROBSON

delivered the opinion of the court.

This is an action filed by plaintiff, Spencer H. Logan, trustee of an inter vivos trust, in the nature of an inter-pleader for construction of the last will and testament of Stuart Logan, deceased. The issue presented to the trial court was whether Stuart Logan by his will exercised a power of appointment over his interest in an inter vivos trust. The trial court held that there was a conflict between Articles Fourth and Thirteenth of the will, and it resolved this conflict by holding that the decedent exercised his power of appointment and that…