In re the Estate of Gould

Joseph A. Cox, S.

The trustee is here accounting for a residuary trust created by the testator’s will for the benefit of his son Howard Gould. The will granted the income beneficiary a power to appoint the trust remainder to his issue and provided that, in default of appointment, the remainder be paid to such issue. By reason of the beneficiary’s death without issue neither of these dispositions could be effectuated and, in this circumstance, a further provision of the will, becomes operative which disposes of the trust remainder in the following language: “ In the event that any of my…