In re the Estate of Pendleton

S. Samuel Di Falco, S.

In this accounting proceeding, a construction of the will is requested with respect to the exercise of the power of appointment created by the decedent’s will. This decedent died on April 23, 1950, and his will was duly probated in this county. His son, the donee of a limited power of appointment, died on July 25, 1962, a resident of Vermont.

The will of the decedent created a trust for the benefit of the donee, with a right for invasion of corpus to the extent of $6,000 annually. It provided that upon the death of the donee, the principal of the trust is to be paid “ to…