Commissioner of Internal Revenue v. Nevius

SWAN, Circuit Judge.

Charlotte Jane Jones, a resident and citizen of England, died testate on September 29, 1930. In 1917 her husband had created a testamentary trust under which she was to receive the net income of a one-eighth share of the trust during her life, and was given power to dispose of said one-eighth share by her will. In default of testamentary appointment by her, the trustees were to pay over said .share to the set-tlor’s grandchildren. By her will, duly probated in England, Mrs. Jones exercised the power of appointment and directed that the bequests contained in her will “take…