In Re the Estate of Spencer

LeGRAND, Justice.

This appeal involves the construction of trust provisions established under the will of Fern E. Spencer, deceased, and the related exercise of a power of appointment which she granted to her husband, L. J. Spencer. The trial court found the purported exercise of the power of appointment by L. J. Spencer in his last will and testament was invalid. In the absence of either a gift over or a residuary clause in Fern E. Spencer’s will, the trial court decreed the trust property reverted to her estate to be disposed of as intestate property. The executor of the L. J. Spencer estate…