Maron's Estate

Van Dusen, J.,

-When testator gave to Emily a power to appoint her share to Marcelle, he took care that her decision should be final and that Marcelle should not take through the gift over in default of appointment. To the latter, therefore, he added the prohibition “excepting therefrom the said Marcelle Marón and her children and issue.” It was argued that this was intended only to prevent any part of Emily’s share from falling into the trust for Conrad’s children, of whom Marcelle was one. But we notice that in the case of Conrad’s share the gift over in default of appointment is not to the…