In re the Judicial Settlement of the Account of Proceedings of Hewitt

Proceeding for the judicial settlement of the account of trustees. The court is of the opinion that the trusts set forth in paragraph “ Seventh ” of the will of Belle L. Shaw, widow of Harry B. Peace, deceased, for the benefit of the children of her son, H. Ward Peace, *839are Void as to the estate over which she had the power of appointment because of the partial failure of such power of appointment (Matter of Horner, 237 N. Y. 489, 500), and the property involved therein is to be disposed of according to testator’s will as if it were real property as to which the said Harry B. Peace had died…