Grubb's Estate

Klein, J.,

The two sets of exceptions filed in this case raise a single, narrow question of law. Does section 15 (6) of the Wills Act of June 7,1917, P. L. 403, prevent the lapse of a gift, made in the exercise of a special power of appointment, to a nephew of the donee of the power, who survived the donor but predeceased the donee, leaving issue surviving the donee, where the donee died without leaving issue?

Counsel for exceptants have been unable to direct our attention to any case in which this precise question has been previously passed upon in this State. They contend that, although the…