In re the Estate of Wildenburg

Foley, S.

In this accounting proceeding the questions presented for determination are:(1) Whether the testatrix validly exercised a power of appointment conferred upon her under the will of her father?(2) If validly exercised, the ascertainment of the persons to whom the fund is to be paid?(3) Whether the exercise of the power failed and payment should be directed to be made to the legal representative of the estate of the donor for the benefit of the estates of the deceased residuary legatees under the terms of his will?

The surrogate holds that the appointment was validly exercised and that…