Paul v. Paul

The single inquiry herein presented is whether by the provisions of her will testatrix intended to exercise the power of appointment which she enjoyed under the will of her father.

Nowhere in her will does testatrix make specific reference to the power. Standing alone, the instrument would be declared inoperative upon the trust estate. Farnum v. Pennsylvania Co.,87 N.J. Eq. 108; affirmed, Ibid. 652. But when the provisions of the will are viewed in the light of extrinsic circumstances disclosed by the evidence, it seems impossible to doubt that it was the obvious intent of testatrix to…